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Should I retain an attorney

Anonymous Subcontractor

I used Levelset to file a lien for Non payment on a commercial job. The GC’s called and left a message wanting to resolve. Should I call him back or retain an attorney. If not can you give advice on what and what not to say to him. Thank you.

5 replies

Richard Storrs

Construction Lawyer

Attorney and Owner at The Storrs Law Firm

| 98 reviews

May 14, 2020

You should definitely call the contractor to discuss resolving your claim. If they are willing to swap a lien release for full payment, you should be good to go. I had a subcontractor client who filed a lien with Levelset; the Contractor insisted that my client have the lien marked satisfied of record before releasing payment. If that is the case, you may need to consult with an attorney to protect yourself, in the unlikely event that an unscrupulous contractor would have you cancel the lien and then stiff you on payment. Feel free to contact me with any questions.

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Ben House

Construction Lawyer

Legal Guard Lawyer

Attorney at House Perron & House Pllc

| 52 reviews

May 14, 2020

It's tough to answer a question like this, because attorneys train and practice for years to understand how to have a "safe" conversation with a potentially opposing party that forwards the client's needs without harming the client's position. On the other hand, sometimes having an attorney handle a situation like this can actually stall a negotiation as folks can get nervous when speaking with attorneys of potentially adverse parties. If the relationship has already grown sour between you and the GC, and attorney could likely do some real good. An attorney can be extremely helpful in instances where a contractor is "slow paying" everybody on the job. Under those circumstances, it is often the squeaky wheel (party with an attorney) that gets the oil. Should you wish to speak to the GC yourself as I'm sure you've done many times, the most critical rule is that anything you say is technically evidence, regardless of whether it is in writing. With that in mind, you can discuss what occurred on the project, but avoid making outright admissions as to errors or omissions on your part (if any). I would further suggest steering the conversation to the payment that is owed and when it will be made. Arguing project specifics, while often the subject of such calls and a tactic commonly employed by the non-paying party, often doesn't do much good frankly.

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Craig Clendenin

Construction Lawyer

Principal at Cokinos | Young

| 9 reviews

May 14, 2020

If he wants to pay you and wants a release, you probably don’t need a lawyer. If he’s going to argue the validity of the lien and/or your right to payment, you probably do.

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Patrick Bates

Construction Lawyer

Attorney at Murray | Lobb Attorneys Pllc

| 6 reviews

May 14, 2020

To answer your question, it really depends on what he wants to do, the amount in controversy, and if they have a proposed payment.

Hiring a lawyer is always best. The question is – is it worth it?

I am happy to help with general questions in case you have them.

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Karalynn Cromeens

Construction Lawyer

Founder at The Cromeens Law Firm, PLLC

| 17 reviews

May 15, 2020

Hello, I would call the GC and see what he is offering. If it is something that you are willing to accept, settle the deal, and get it done. The one thing I will tell you is that you should not give a release of the lien until you are paid and the check has cleared! Under the law, you have 10 days to issue a release of lien after you receive payment. If you do not want to accept what the GC is offering the next option you have is to file a suit to foreclose your lien, which you should consult an attorney about. Feel free to reach out if you have any further questions. Karalynn Cromeens Managing Partner Tel: (713) 715-7334 www.TheCromeensLawFirm.com Privileged Attorney-Client Communication and/or Attorney Work Product: The above message and attachments, if any, are confidential and may be protected by the attorney/client privilege and/or attorney work product. The unauthorized disclosure, use, dissemination or copying of this e-mail, or any information it contains, by anyone other than the intended recipient, is prohibited. If you are not the named recipient, or have otherwise received this communication in error, delete it immediately and notify the sender at the office number listed above or by return email.

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