hardworkingstiff
Senior Member
- Location
- Wilmington, NC
It always seems that the people with money were the worst payers.
That's why they have money,
It always seems that the people with money were the worst payers.
That's why they have money,
To file a lien is many states, you first must file a notice of intent to lien well before the actual lien, and you would need a copy of the signed contract which he din't have.
A lien would be great for my grand kids, everyone likes to throw the word lien around but never understands the mechanics of them, get signed contracts, and credit backed deposits and follow up with credit billing from approved payments on small resi and commercial jobs, once you leave without payment, your chances of getting paid so down to nest to nothing.
I think I mentioned about the notice to lien.
I forgot the part about "no contract price" per the OP. Now, perhaps there WAS a contract, but they were a little informal with the change order process. If there were no signed change orders which would formally alter the contract price the OP might be stuck in the lien process.
In New Jersey you would need a written contract. For residential work you also have to go through arbitration after you file the "Notice of Unpaid Balance and Right to File Lien" (NUB). Arbitration and NUB are not required for commercial work. But, that's New Jersey. I didn't want to go into the gory details since I don't know where the OP is located.
I don't know how being on the job site makes it more likely you'll get paid. It's the 90 day clock that really counts as far as preserving your rights under lien law. Once you are off the job site, that clock starts running.
Then one day they either DO lose everything, including the ability to pay you, or else they KEEP everything, except the desire to pay you.