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What are my next steps if the deadline was missed to file a lien in order to enforce our lien?

Anonymous General Contractor

A previous employee missed the deadline in order to file a lawsuit to enforce our lien in Wisconsin. Is our lean still valid or has it expired? If so, what can we do if there is anything to do?

1 reply

Michael Johnson

Construction Lawyer

Legal Guard Lawyer

Attorney at Michael Johnson Legal LLC

| 5 reviews

Jun 2, 2021

If the two-year deadline to file a lawsuit to enforce a lien has lapsed, then you would likely still have a timely breach of contract claim. Breach of contract claims generally expire after six years. Breach of contract is a valuable claim. In fact, you would STILL have to prove breach of contract and damages - even if you have a lien. The thing that changes is whether you have a right to quickly seize and sell the property. I believe many/most construction disputes do not involve a valid lien and are simply breach of contract. There could be other valuable business tort claims against the owner. I handle breach of contract claims and business tort claims. It sounds like you need to move quickly to file a lawsuit to enforce your rights. Feel free to contact me if you would like to discuss further. michaeljohnsonlegal.com

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