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Home>Levelset Community>Legal Help>What company or name do we use as Claimant, we have 2 companies and my husband and I performed the work ...see details?

What company or name do we use as Claimant, we have 2 companies and my husband and I performed the work ...see details?

WyomingBack ChargesCollectionsMechanics Lien

Good morning I was just on the phone with one of your companies reps and was advised to consult with someone first before I moved forward with the Notice of Intent to file a Lien. This is rather a complicated situation and before I proceed with the document I need know what company to place as the claimant, if this situation winds up in court I want to make sure we have all our "i's" dotted correctly. My husband has a Real Estate Holding LLC "WX2", in which WX2 was in contract to purchase a building, my husband is also a General Contractor, Wimmer Construction. My husband and I performed all the work within this building but before we started any work on the property we set up a contract with the property owner agreeing to sell it to us for set amount based on the value BEFORE any work had been done. The property owner provided a minimal construction loan which did not cover the entire cost of the work that needed to done within the building and we agreed to finish the building for the low purchase and pay back of the construction loan, no labor cost were included with the construction loan as well. So now, building is near completion, we provided our loan commitment to the property owner that included the construction loan with the agreed contract price. The seller has refused to sign the purchase agreement and now wanted more money for the building that we've almost completed construction in. We wish to file a lien for the work that has been performed by us, but we not sure who the claimant should be? Should we file it as WX2, LLC because that's how the contract is written up. Or, since my husband performed the work and he's technically a GC, even though this was personal project does he include Wimmer Construction with WX2 or just him individually with WX2?

1 reply

Jan 7, 2020
Mechanics lien rights arise as a result of work performed which goes unpaid. So, the party who is ultimately filing a mechanics lien will generally be the party who actually performed the work. Further, since a Notice of Intent to Lien is also sent by the party claiming the mechanics lien - that document will also generally feature the party who performed the actual work on the property. If the work was done under the GC business, then generally, the claimant would be the GC. Or, if the work was done as some other business, then that other business would be the one entitled to lien. But, simply because a project was performed by a company that shares personnel with a second company wouldn't entitle the second company to file a mechanics lien. Instead, it all ties back to who actually performed the work giving rise to the mechanics lien. I hope that information is helpful! For more on Wyoming lien claims and notice rules, here are some great resources: - Wyoming Preliminary Notice Guide and FAQs - Wyoming Mechanics Lien Guide and FAQs
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