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Is our Lien Valid?

Alabama

We filed a lien on this project and since filing, the GC is stating that although they did receive all of the materials listed for the lien, where we delivered materials and what we are claiming as the Legal Job Address are different so our lien is invalid and we should "settle". But, is not that a common thing: Materials being delivered 'close' to the jobsite but not always AT? Our lien should be valid, correct? The reason the address on the lien was changed is because Levelset found an address different from what we had.

2 replies

Oct 4, 2021
Settlement may be the best option regardless of the lien status, since you will still have to sue to enforce it, even if it is valid. With regard to the form of the lien, that is likely a fact based inquiry that will involve looking at the address you used, the job address, where the materials were delivered. However, I would still attempt to settle with them, as that may be the best course of action anyway. Keep in mind, a valid lien is not required for you to assert a claim against them anyway, so you may still recover even if the lien has issues.
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Oct 6, 2021
For a bond claim the law is that you deliver with the good faith belief that it was going the job site then you can recover on the bond. That line of cases, related to bond claims, may can be used by analogy for a lien claim.
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