I've just received an email from the party to whom the lien was filed against, she is requesting either a detailed invoice or an explanation. What do I need to provide her with and should I state breach of written contract as well?
1 reply
Apr 16, 2020
It's extremely common for an owner, GC, or other party involved in a mechanics lien dispute to want a detailed accounting of what's owed. And, after filing a mechanics lien, a typical next step is to discuss the debt with the other parties involved to try and come to a resolution. Levelset discusses that in detail here: The 4 Steps to Take After Filing a Mechanics Lien.
As for what to provide them - that's ultimately up to you. But, providing documentation supporting your claim might be a good place to start. And, if you have other potential claims in the wings - like a breach of contract claim - including threats of those claims may be useful too, like with a demand letter.
If you were hired by someone other than the property owner - it might be helpful to contact your customer first to see if they're ready to make payment and to let them know you'll be releasing invoice information to the owner. That might put some additional pressure on them to pay what's owed before the owner gets a view of their margins on the job, etc. Though, if they've failed to make payment, then extending that courtesy might not always be necessary.