To Lien or Not to Lien

[MrSandman996]

From Florida,

If we contract to do work for a homeowner in the midst of his new home construction. He agrees to proposal , signs and gives us two personal checks as we progress with the work. Now a sudden turn of events finds the homeowner having to let go of the Builder he hired and take over as Gen. Contractor to finish his own home. We finish all of our contracted work and he doesn't pay us due to a lender inspection draw and some other excuses of percentage withholding from the lender until close. Are we obligated to wait now on these new terms of payment or can we seek relief with a mechanincs lien if so how should that be worded from our office. Do we need to speak to a construction attorney for the specifics and the papers that were signed for the original agreement. We do not want to send the wrong message as homeowner has been very co-operative up till now. We only want to make sure we will be paid as agreed we can wait till closing but would like something to make sure that happens. Thanks in advance for your replie(s)

 

[dmiller12]

I would contact the lender or title company handling the draws and submit your invoices to them. They'll be the ones to ensure you get paid. They'll want to ensure clear title upon converting to permanent financing.

You could file a mechanics lien but it will cost money and it does not guarantee the homeonwer has the money to pay you prior to closing of construction anyway.

Consider yourself fortunate that money is in escrow and you'll get paid in due time vs. not getting paid at all.