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Who is allowed to lien job?

Washington DCMechanics LienRecovery OptionsRight to Lien

Our company did a job for a client that had damage to his apartment . This damage clean up was approved by his property manager that had got approval from there corporate office. The corporate office gave the customer a credit on his rent for his inconvenience and agreed to pay for the clean up to our company. When we gave the invoice to the customer to pay we found out he had taken the check that the corporate office sent him to pay us and had cashed it and spent the money . The customer claims he can not pay the invoice because he no longer has the money. How can I get paid for this job?

1 reply

Jul 7, 2020
When a customer fails to pay what you're owed, leveraging mechanics lien rights is often a great route for forcing payment. While mechanics lien rights may sometimes be limited when work is being done for a tenant, in a situation where the property owner/their management company has explicitly authorized the work, lien rights are likely available against their ownership interest. More on that idea here: What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement? With that being said, jumping straight to a mechanics lien will usually be a bit premature. For one, reaching out to the property management company and explaining the situation might be a good first step. Additionally, sending formal invoice reminders to both the customer and the management company might be useful, too. If they won't be reasonable, then threatening to file a mechanics lien could be a powerful option. Sending a Notice of Intent to Lien to the owner, the management company, and the tenant will get their attention and force them to resolve the issue and get you paid. What's more, threatening legal action against the customer who's spent your check or against the management company could be an option, too. Claims like breach of contract, unjust enrichment, or even a claim like conversion might be appropriate. And, sending a demand letter threatening claims such as those could push for payment, too.

Additional resources

Of course, in some cases, claims will have to be made. For more on how to file a Washington DC mechanics lien: (1) How to File a Mechanics Lien in Washington, DC | A Step-by-Step Guide to Get You Paid; and (2) Washington DC Mechanics Lien Guide and FAQs. Or, to discuss your options with a local lawyer, one of these attorneys may be able to help: Find a Washington DC Construction Lawyer.
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