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Would this be construed as frivolous?

WisconsinMechanics LienRight to Lien

In short, our project was delayed substantially by the General Contractor’s poor management. Consequently, our portion of work (Drywall & finish) was severely delayed and we were forced to by verbal directives to accelerate, and incurred substantial OT costs. We provided a notice by email Aug 7th of our intention to charge for our OT and delay costs, however the General Contractor did not respond. By project completion we had accrued $36,295 in costs. We have submitted a Change Order request, but General has rejected it, reasoning we had not submitted on their weekly forms reports and had each week approved. By Iowa statue our deadlines are fast-approaching and we intend to file on retainage and amounts approved however; My question is this, notwithstanding the arguable contract language which our attorney has determined may or may not apply in the case of the delay claim, and we intend to argue, could this in any way be construed as a frivolous lien if we included this unapproved amount $36,295 and filed?

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