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We hired a subcontractor--they failed to perform after payment--under $10,000 total damages

WyomingPayment Disputes

Subcontractor we've worked with for a couple months--all was well until last period they failed to perform on our project in Wyoming. They were set up on automatic payments due to past performance & subsequently were paid in duplicate. They have gone dark after they were paid for the month of January they performed no work in. Can I seek a lien in the amount to encourage communication and or return of the overpayment? Sum isn't really great enough to take to court and subcontractor lives out of state. Thanks for your help in advance.

1 reply

Feb 6, 2018
Unfortunately, this situation does not sound appropriate for a mechanics lien. Some other lien may be an available option, but mechanics liens exist to secure payment for a claimant's work on an improvement - not for return of overpayment. However, this certainly does not mean that recovery of the overpayment is not possible. The process for the recoupment of overpayment will vary by state, but generally, taking legal action may be required. Of course, before any legal action is taken, sending demand letters through an attorney is an effective way to enforce payment. Consulting with a local construction attorney should also make the options for recovery much clearer, and they'll be able to advise you on which path to take, as well.
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