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?
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