We were told the owner was not going to pay the GC anymore and our retainage has not been paid. We just got into Level Set and missed the deadlines regarding notices. Is there any action we can take to get a lien on the property?
Hello!
The notice deadlines for retainage liens come up very quickly. Without knowing more specifics, I am unable to determine whether you still have lien rights or if notice would even be proper.
What I know for certain you can do is file a breach of contract lawsuit against the homeowner and the GC alleging that you were the third party beneficiary of the contract between the two and you completed the work so you are entitled to the balance of your payment. You may have a decent chance of success but it seems like collecting is going to be a problem.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com