I own an Excavating business. I was hired by a General Contractor to do some digging. I was only partially p?
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curious mom asked:
aid. I do have a signed contract. How and Who do I place a lien on to get the rest of what I’m owed?
aid. I do have a signed contract. How and Who do I place a lien on to get the rest of what I’m owed?
November 30th, 2009 at 5:33 am
Contact a lawyer to carry out the paperwork.
You’d want to place a security or diligence on the company or person who should have paid you – you could arrest their wages or bank account.
Speak to a lawyer in your jurisdiction, since I’m almost certainly not in it.
December 2nd, 2009 at 8:34 am
depends on the state.
and, in some states, you have to have a license in the area in which you did the work in order to file suit and thus place a lien.
google is your friend — look for contractor’s liens and construction.
December 2nd, 2009 at 6:39 pm
You can sue the GC in court – small claims court if the amount is small enough. In most States you can also file a mechanics lien against the owner of the property where you performed the work. Before doing that you may want to tell the property owner – that gives him the opportunity to pay you directly, and withhold the amount from the GC’s final bill. (Assuming the work’s not all finished and paid for.)
Richard
December 5th, 2009 at 5:42 am
You should consult an attorney before you try to place a lien on the property. Contractor liens are created by state statute, and each state has VERY specific rules and time lines that you must follow to file a lien. For instance, in Oregon you must file within 75 days of substantial completion or the last day of work on the project. The penalty for incorrectly filing a lien can be pretty severe; generally you’d be responsible for all the attorneys fees and costs incurred by the party contesting the lien, plus damages, etc. At the very least, you should contact your state construction board and see if they have a “how to” pamphlet on the subject.
A different approach would simply be to sue the general contractor for breaching the contract. If the time to file a lien has already passed, then this is your only option.
December 6th, 2009 at 11:18 pm
It depends on your state law. Here in Michigan you can lien residential properties but I don’t think you can do it to a commercial property.
I think the lien paperwork is filed at the register of deeds. I would also contact any contractors organization the GC belongs to.