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Could I still file a lien?

Utah

Hello, I have a steel erection company that has completed a job, but have not been paid. The customer is saying they are going to pay but have not paid on three different occasions. The invoice we sent them is at the aging of 101 days old. We did not file a pre-lien. Do we have any recourse to get paid for the work our company has completed?

1 reply

Mar 2, 2021

Unfortunately, if no preliminary notice was filed, and your work is complete, a mechanic's lien is not an option. However, that does not mean that you are prohibited from bringing a straightforward breach of contract or unjust enrichment claim against the customer. I would suggest a strong demand letter before filing a lawsuit to see if you can get paid before incurring additional expense.

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