We signed one contract to complete multiple buildings on a t&m basis. They have been filing the noc at the completion of each building but have been instructing us that the retention would be paid at the completion of the project. We have been paid in full with the exception of the retention. The general contractor kept telling us that the retention would be paid in the next couple of weeks, but each time the deadline arises we are given the same story. Our latest conversation with the general contractor indicated that the owner would be writing joint checks for retention to each contractor but when following up with the owner's rep, they instruct us not to file a lien as we have already surpassed our timeline to file one. Is this true? Thank you
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The timeline for filing a lien for subcontractors if a valid Notice of Completion is filed is 30 days. However, the needed to notify you of each Notice for it to be valid. Also, if they filed a Notice then they might be admitting that the project is finished and they owe you money - and if they haven't paid on time they would be exposed to prompt payment violations.
I would file a lien (or liens, depending on your strategy) and then if they have a valid argument for why they are invalid their attorney will let you know.
At the end of the day, even if your lien is not valid you might still have a breach of contract claim. You should kick this off soon with a lien filing and demand letter though.