They claim that our lien is not valid because of the timing of "fund trapping notice and intent to lien." Also, they claim that the lien was incorrectly filed against real property and not only against Valvoline's leasehold. I thought the intent to lien was voluntary... Do we lose the ability to lien for the full value of the contract if a notice was late? Any advice would be helpful.
The requirement for liens is substantial compliance with the statute. Depending on the dates the notice of intent was sent and your place in the food chain, they may be correct or they may not. We would need more facts to make that determination.
Also, depending on what the lien affidavit said, they may be correct. A leasehold lien is a similar but still technically separate from a lien on real property. It has to do with not being able to burden more than what you have.
You will want to evaluate your place in the food chain, the time you were last on the site, the contents of the notice, who the notice was sesnt to, and WHEN the notices and lien affidavits were sent. In short, I need more facts.
E. Aaron Cartwright III