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Home>Levelset Community>Legal Help>The work is done in 6/26. May I still place a lien on the client's property? If not what kind of paymment collection can be applied?

The work is done in 6/26. May I still place a lien on the client's property? If not what kind of paymment collection can be applied?

VirginiaLien DeadlinesMechanics LienRecovery Options

I am a contractor. I have completed the roofing replacement on 6/26. They are not paying for it over 3 months

1 reply

Oct 5, 2018
I'm sorry to hear about that. First - let's talk deadlines. In Virginia, a lien claimant must file their mechanics lien before the earlier of: (1) 90 days of the last day of the last month when the claimant furnished labor/materials to the project; or (2) 90 days from the completion of the project. If a project is over 3 months out, there's a good chance that deadline has been missed - but to be sure, the zlien Payment Rights Advisor could help to clear that up. Regarding non-lien options for recovery - there are a number of potential options. For one, sending a Notice of Intent to Lien can be effective to compel payment - regardless of whether a valid lien claim may actually be filed. You can learn more about the Notice of Intent to Lien document here: What Is a Notice of Intent to Lien and Should You Send One? Another option is to send a demand letter threatening specific legal action. Nobody likes liens, but everybody hates a lawsuit. Threatening to file suit based on specific legal causes of action (such as, potentially, breach of contract or unjust enrichment, among other potential actions) can persuade a customer or owner to pay what you're owed. Sending a legal threat through an attorney tends to carry a little more weight. Finally, if all else fails, taking the claim to court (or small claims court, depending on the amount) is always an option. Of course, these are just a handful of available options - and there are a number of other directions a claimant might go! For a little more insight, it could be helpful to reach out to a local construction attorney. They will be able to review any relevant documentation or other information and provide advise on how to proceed. Good luck!
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