Who is the Prime contractor and Lien filing deadline?

4 months ago

My main question is what is my deadline for filing a lien? We finished our work and invoiced our customer about 67 days ago.Their payment terms are net 30, so they are quite a bit late. I want to make sure we don’t miss our Lien window for this project.

But this is an odd customer arrangement. The property owner (apt complex) agreed to have a car share program install EV charging stations on the property and leave cars there for the tenants to rent out. The property owners would not pay anything because they wouldn’t be the owners of any of the infrastructure or equipment, the car share company would be the owners. That company hired a project management company to handle all of the details after they procure the sites. i.e. contractors, construction schedules, payments, etc. This project management company are the ones who hired us. We did all of the designing, engineering and building.

What is our Lien deadline and will this odd setup affect how we lien if it goes that way?

Managing Partner Gibbs Giden LLP
13 reviews

Good afternoon,

From the information you provided, it sounds like the owner has directly contracted (through its agent / project manager) several contractors. It could be, especially if the project management company is a licensed contractor, that project management company is the true direct contractor. Regardless, assuming there is no notice of completion, you likely have 90 days from “completion” of the project to record a mechanics lien.
I suggest you contact a construction lawyer to discuss the specifics of your situation.

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