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Can a Lien be filed if the work is still ongoing?

Washington DCMechanics Lien Right to Lien

Anonymous Contractor

Hi, We have a job in DC that we are very concerned with but we still have guys out there working to finish the installation... Can we file or do we need to wait until the job (our portion) is totally complete? Thanks, Ken

2 replies

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 991 reviews

Apr 1, 2020

Washington DC mechanics lien claimants do not need to wait until the project is complete in order to file their lien. Of course, filing a mechanics lien while a job is still ongoing could create a lot of tension - especially when other tools for speeding up payment haven't yet been utilized. After all - if other measures don't work, the ability to file a lien will still be there.

Recovering payment without filing a mechanics lien

For one, sending regular invoice reminders can prod a customer into doing the right thing and paying what's owed. Often, invoice reminders will work to speed up payment without the destructive force of a lien claim. Or, if regular reminders aren't effective, then escalating matters might be useful. Sending a payment demand letter can show a customer that you're serious about getting paid and willing to do whatever it may take to ensure payment gets made. Taking things a step further and threatening to file a lien claim can garner attention, too. Sending a Notice of Intent to Lien to the customer, property owner, and to any other higher-tiered party on the project can put everyone on notice that if payment isn't made, then a lien will be filed. And, the threat of a lien claim can put a lot of pressure on the customer to resolve the dispute before the project is slapped with a lien.

Resources on Washington DC mechanics lien claims

Obviously, some situations will call for an actual lien filing. For help with that, these resources should be valuable: (1) Washington DC Mechanics Lien Guide and FAQs; and (2) How to File a Mechanics Lien in Washington, DC | A Step-by-Step Guide to Get You Paid.

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Joseph Katz

Construction Lawyer

Legal Guard Lawyer

Principal Attorney at Katz Law

| 30 reviews

Apr 24, 2020

Absolutely. And you should also consider stopping work if you are not getting paid in a timely fashion, but first review your subcontract carefully (preferably with an experienced construction lawyer) to make sure you are not contractually obligated to continue work in the face of nonpayment.

Disclaimer: This communication does not constitute legal advice, is not an engagement for the provision of legal services, is not a consultation, and does not
form an attorney-client relationship between Katz Law, LLC and yourself or any other person or entity. In all cases, any particular outcome or resSee More...See More...

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