I am a subcontractor working on a commercial job. We finished a job on the 20th of March and the client refuses to pay. If there were attempts made by our collections agent to settle the dispute and we have proof that the client knows their payment is overdue, do we need to file a notice of nonpayment?
Sunday June 18th was the 90th day to serve a notice of nonpayment. You might be able to win an argument that the 90th day rolls to today, June 19th, but you better serve either a notice of nonpayment or file a lien today. To be clear, this is not legal advise. A notice of nonpayment applies only when there is a payment bond.
I have to ask, because it happens all the time, why do people wait for the last day and then ask a lawyer to drop everything and make a heroic effort to get a lien filed?