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Other Recourse We May Have

https://app.levelset.com/project/summary/5223606 When this project started we filed a preliminary notice, but did not follow through with other notices. Our last material delivery was 5/21/20. We have past the deadline to file a lien. Is there any other recourse we have at this point?

1 reply

Sep 17, 2020
If the deadline to file a mechanics lien has passed, therefore the right to file a lien was lost, there are a few other potential steps that may be taken in the absence of a mechanics lien right. Send the property owner a notice of intent to lien Notices of intent to lien can be very helpful and effective in promoting payment. Because you may not actually file a lien, the NOI can still be a threat to prompt payment. Send to collections If you have an internal or external collections department or partner, sending a claim to them early in the process will all available supporting information can have good results. File suit Litigation is normally the last resort, yet because there is no mechanics lien right to enforce, that doesn't mean that there isn't a cause of action to pursue: Prompt payment statutes, breach of contract, unjust enrichment, and more can all provide avenues to recovery. If you plan to potentially file suit, keep in mind that you will need a construction lawyer to aid in the process.
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