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will my lien be valid in court?

On Aug 19 2019 I started re-designing a deck for Nancy Thompson. There when many delays with wood choice and deck stain color. 2 weeks into project the weather became a factor as it rained often. I continued to work on her deck through Dec 8th 2019. The only Items left to do was sand, stain deck and a few trim pieces. I made a revision change to the contract to restart in around May 1st 2020 pending weather availability. it rained at least 2 days a week through may-june 2020. I had not receive any replies to email or text so I check out her home to discover her deck finished and stained, house up for sale. do I have a legal leg to stand on or not?

1 reply

Jul 14, 2020

If you've gone unpaid for your work, then filing a mechanics lien will generally be an option on the table as long as the required notices were sent. Considering Wisconsin requires that a Notice of Intent to Lien be sent prior to filing a lien claim, it might be a good idea to get that process sooner than later if you'll be pursuing a lien. As for whether or not your particular claim is valid - it's hard to say without all of the relevant information and documentation, plus it's also impossible to predict how the court might rule. But, for more information on the WI mechanics lien process and what makes liens valid: (1) Wisconsin Notice of Intent FAQs & Guide; and (2) Wisconsin Mechanics Lien Guide and FAQs. If you're looking to recover amounts that would have been owed if you were allowed to perform your contract, then a breach of contract claim might be more appropriate. Owners generally aren't entitled to replace their contractor in the middle of the job without first terminating or at least informing their original contractor. Note that sending a demand letter which threatens legal claims can lead to payment without having to file the claim. But, if need be, consulting with a local Wisconsin construction lawyer about the claim could help clarify things and move your claim forward. Finally, depending on the amount of the claim, small claims court might be an option, too.

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