Is there anything that we can do for work that has been completed that we did not file the pre lien paperwork on? The work was completed back in August of 2019 and we have not received any payment.
1 reply
May 14, 2020
If over a year has passed since project completion, and if required notices weren't sent, then an Oregon mechanics lien claim is likely off the table. While actually getting the lien filed in the property record might be possible, that lien would be invalid and unenforceable if it was filed after the deadline and if notice requirements were missed. More on Oregon liens here: Oregon Mechanics Lien Guide and FAQs.
That doesn't mean that other recovery options won't be on the table, though.
Recovering payment without a mechanics lien
For one, sending your customer a payment demand letter threatening legal claims could be really effective. Claims like breach of contract, claims under Oregon's prompt payment laws, etc. could lead to payment. And, simply threatening to pursue those options could get you paid.
Obviously, actually pursuing those claims could be effective, too. And for help discerning what claims may be on the table in your particular situation, it'd be wise to consult with an Oregon construction attorney. Or, for claims under $10,000, small claims court may be a viable option, too - and that'd be cheaper, faster, and easier than traditional litigation.
Finally, sending the debt to collections could be yet another option for getting paid. And, for help finding a collector, this page will be useful: Construction Payment Collectors.