We are a GC on a remodel project for a large Hospital. They have informed us that they will be keeping 50% of our retainage due to "back charges" that they feel are necessary. We plan to fight the "back charges".
1 reply
Feb 7, 2022
While there might be technical deficiencies to enforcing your lien rights, they may not have that much impact on your ability to get paid. Lien rights are most effective when the only practical way of enforcing a judgement is against the property. A large hospital is likely to have funds and other assets that can be used to satisfy a judgment. Also, I would check your contract to see if there were any waiver of lien rights.. The hospital may also have a contractual defense to your lien rights. I would be happy to discuss further and explore your defenses to the owner retaining half of your retainage. Feel free to contact me at michaeljohnsonlegal.com