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Does Walt's Petroleum Service, Inc have rights to file a mechanics lien?

Walt's Petroleum Service, Inc did a job at C&G Mini Mart located at 910 State Highway 102 W, Rib Lake WI from Aug 10, 2020 to Aug 20, 2020 and haven't gotten paid $202,415.69 for the job. We have done ongoing service for this location since construction was completed. The last date of service was June 10, 2021. Total amount due is $252,498.40. Does Walt's qualify to file a Mechanics Lien?

1 reply

Dec 7, 2021

It sounds like Walts is a Prime Contractor. Prime Contractors must provide a preliminary notice in the original contract (most common) OR serve a preliminary notice on the owner within 10 days after beginning work. A lien claimant must file a mechanics lien within 6 months after the last day on which labor/materials were furnished, but at least 30 days after filing a Notice of Intent to File a Claim of Lien... There are also service requirements. Assuming the first requirement was met, Walt's would likely need to move quickly to meet the 30 day and 6 month deadlines. Walt's is already at almost 4 months... It is important to have an attorney review these types of claims in detail. I would be happy to provide a free consult and discuss in detail. Please consider contacting me through my website, michaeljohnsonlegal.com. Thanks

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