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Home>Levelset Community>Legal Help>We have filed intent to lien and filed the actual Mechanics lien and received no response. What is the next action?

We have filed intent to lien and filed the actual Mechanics lien and received no response. What is the next action?

LouisianaLien Foreclosure

We performed all work on this project per our contract signed by the customer. The manufacturer has issued all warranties and inspected the install. The Customer has sent a ridiculous list of demands before final payment. Our contract has no language in it saying we are responsible for his request. He wants daily construction reports, daily photos, etc.. We are owed $85k on the balance. Please let me know our next legal step in this process.

1 reply

Jan 15, 2021

Statistically speaking, most lien claims get paid before an enforcement action is necessary. But under some cirumstances, particularly given the amount in dispute, it may be requied. Once filed, a Louisiana mechanics lien is effective for one year from the date the claim was filed. An enforcement action (read: lawsuit) needs to be initiated within that timeframe.

One optional step many contractors use is to send a Notice of Intent to Foreclose, this is one of the 4 steps we recommend after filing a lien. Consider it a final warning letter that if still unpaid, then a lawsuit will ensue. This is usually enough to get your payment issue the attention it deserves. 

We have a few Lousiana-based construction attorneys in our Levelset Community that you may want to reach out to personally to help guide you through this process.

Here are a few additional resources that can help you determine the best course of action moving forward:

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