We are a commercial GC and have been trying to collect a large payment from a job that was completed over a year ago (in May 2019). We hired a collection attorney and was unsuccessful. We missed the deadline to file a mechanics lien and are trying to find other ways to produce payment. I am going to file a Notice of Intent to Lien to see if that gets any attention from the client/property owner. Do you have any other recommendations?
Good morning! I would probably discourange sending a Notice of Intent to Lien if the project was completed more than a year ago since that may actually do you more harm than good. I do not know what efforts the collection attorney took but that will be important to evaluate to see what other avenues may be possible, including filing a breach of contract complaint (possibly seeking prompt payment statutory damages). Consult an experienced construction attorney to assist you further!
If you missed your deadline to record a lien, you don't want to do it now. You still have a breach of contract claim - 4 years on a written contract. You may bond claim rights if it is public works?
You could place the account for collection with a Certified Commercial Collection Agency who is licenced and bonded to collect in that State who can accept the account on a contigency fee bases so if not collected you won't owe anything. My firm is licensed in all States so call or send email to srauch@rauchmilliken.com so I can give you a free quote. Best regards, Steve