We are a fabrication company who fabricated a large project for another businesses facility. We estimated the project and they submitted 2 PO's for us to proceed. The project was completed the end of January of this year and we invoiced them at the time of the last shipment. We have been trying to get payment from them and they have been unresponsive. I did not file a notice of intent to lien since I missed the deadline but I did file a mechanics lien and after Levelset did all their research to get it done it was 2 days past the deadline. My question is what is the best route to get our money from this company? Can I still foreclose on the lien? We are a small business and cannot afford to not get paid on this project. We supplied all the material, labor, consumables and had to pay the labor, vendors and taxes. I would appreciate any advice on how to move forward.
Good Morning,
Unfortunately, mechanic’s lien deadlines are absolute in Minnesota, and missing one means that a lien is no longer valid. However, you still have other avenues to pursue, including your claim for breach of contract. I recommend hiring an attorney to send a demand letter and move ahead with legal action if necessary. Let me know if you would like to discuss further.
This is a very unfortunate situation but all is not lost. A mechanics’ lien by itself does not get you paid, nor does the lack of a valid mechanics’ lien change your legal rights to collect. The options and tools available to collect are dependent on the facts of your specific situation.
As a law firm serving only contractors, we are very familiar with the options available and the processes to get you paid with a very good success rate. Give me a call and let’s discuss your situation.