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
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