Promises To Pay Mean Squat To Your Lien Deadlines
On October 18, 2010
By Scott Wolfe Jr
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Owed money on a construction project, but weary about filing a mechanics lien because the owner or contractor is promising to pay?
Well, as the promise to pay “tomorrow,” turns into “Friday,” and turns into “next week,” the time period available for you to file a mechanics lien continues to tick. And in some instances, the time periods can be quite short.
It’s very important for contractors and suppliers to realize that these promises to pay do not extend the lien period. You only have one shot to file your mechanic lien, and once the window closes, it will never re-open.
So, while a promise to make a payment is a significant comfort (it’s better than an outright refusal to pay), a business should be weary about relying on this promise and foregoing its right to lien. The lien protections will disappear…and your client’s promises? Who knows.
This article was originally posted on Zlien’s topic-specific Construction Lien Blog.
Related articles
- Your Mechanic Lien Was Bonded…Now What? (constructionlienblog.com)
- Set Your Mechanic Lien Amount With Care: The Perils of Small Mistakes and Exaggeration (constructionlienblog.com)
- Preserving and Executing Lien Rights Leads to Prompt Payment (constructionlawmonitor.com)
About the Author: Scott Wolfe Jr
Scott Wolfe, Jr. obtained his J.D. degree from Loyola University of New Orleans, and his B.A. from Southern Methodist University in Dallas, TX. In 2006, 2007, 2008 and 2009, Scott was recognized as a Leader in Law by CityBusiness Magazine. The son and grandson of general contractors, Scott is a construction litigator in the Pacific Northwest, and the founding member of the bi-coastal law firm, Wolfe Law Group. Scott is also the founder and CEO of Express Lien, Inc., a legal document preparation service for contractors. In 2008, City Business Magazine recognized Scott as one of its Innovators of the Year for the Express Lien concept. As an entrepreneur himself, Scott has a strong background in business and commercial transactions and laws. He focuses his practice on the legal issues facing the construction industry, and has represented clients in multi-million dollar construction disputes in litigation and alternative dispute resolution proceedings. Scott is a LEED AP.
