I work for a contractor who did 2 Phases of a large project. On the 2nd phase, the owner paid us everything but held $28k on the 2nd to last invoice. She paid the majority of that invoice but said she was holding the $28k until the job was complete. At that time, we were still working out there. We had no reason to think that she wasn't going to pay the rest once we were complete. Now, she is refusing to pay because of some warranty items that need to be replaced. We have explained that the items are warranty and will be replaced once we are paid in full. I have filed a lien but I don't know how to proceed.
When was the lien filed? You have one year from the date the lien was filed to file the debt collection action in order to perfect the lien.
I agree with Ben that the date of filing is an important question to consider in addition to the precursor determination that your lien was filed within 90 days from the day work was last performed at the site. The next question I have is whether the owner has filed a notice of contest?
The lien is supposed to go to the company on Feb. 16th. We were last out there Nov. 8 but had no reason to believe that she wasn't going to pay the last of what she owed. She partially paid on the last invoice but then refused to pay the remainder. Does that answer your question?
You will need to file a lien action within one year of the time you filed your lien.
If you need an attorney, please give me a call, or send an email. 770390-9950. Josh@stonebellus.com