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Should I retain an attorney?

IdahoMechanics LienRecovery Options
Anonymous Subcontractor

I am a subcontractor on a large residential job. The owner of the property and the general contractor had a significant falling out and are now in a legal battle. The job was only about 3/4 done and I have still not been paid on about $25k that is owed for work done so I filed a lien. The owner is now threatening to sue all the subcontractors. I am confident my work was good and I passed all of my inspections. I am sure the owner is simply trying to get out of paying, but should I retain an attorney to protect myself just in case?

1 reply

Levelset Admin at Levelset
| 1,003 reviews
May 4, 2020
Any time legal threats are being made, it'd be helpful to have an Idaho construction attorney review the threats and circumstances to assess the validity of the threats. With that being said, it's extremely common for owners to challenge mechanics lien claims and to threaten legal claims when faced with liens. And, that's true regardless of whether the owner has solid ground to stand on. As a result, it might not always make sense to hire an attorney right away simply because an owner has thrown a fit. Retaining an attorney is expensive, but you might be able to reach out to an Idaho construction attorney and ask them to review the threats and some of the basic circumstances. That should be enough detail fo an attorney to provide some valuable insights. But, if it looks like the matter will end up in court, having an attorney at your side will help to avoid any missteps and maximize chances of recovery. Finally, it sounds like this article would be helpful: The 4 Steps to Take After Filing a Mechanics Lien.
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