I am an Original/Direct contractor and I have a client that is refusing payment. How soon after the completion date of a project can I file a mechanic's lien?
The project does not have to be completed for an original contractor to file a mechanic's lien. There must be a debt that the owner owes, and the original contractor can file a mechanic's lien for the amount of the debt, whether or not the project has been completed. The advantage of waiting until the project has been completed is the amount owed would be more, only one mechanic's lien would need to be filed, and the owner would not have a back charge for the contractor's not completing the project.
Retain a construction attorney to evaluate your legal position, and to provide advice.
Good luck.
Hello,
Your dates relate to the month in which the work for which you are claiming a lien is completed. So, if you completed work in February, depending on the project, you might have until May or June to file your affidavit claiming lien even if the whole job was not completed.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com