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Question from electrical contractor

We paid for materials upfront after being lied to by an owner that said he would pay us within one week.It has been over 3 weeks and we still have not received payment. The vendor has not longer returned our phone calls. Should we file Intend to File Lien? Please advise.

1 reply

Apr 22, 2020

If an owner has promised payment but failed to actually pay, then sending a Notice of Intent to Lien could certainly lead to payment. Nobody wants a mechanics lien on their job, so the threat of a lien claim will usually carry a lot of weight. Of course, if there isn't a full-blown dispute at hand, then first starting with simple (but formal) invoice reminders might be a good idea. Invoice reminders are just like they sound - they remind customers that there's an unpaid invoice on the job and request payment. Still, when push comes to shove, threatening to file a mechanics lien will be a useful tool. And, if that doesn't work, then following up with an actual lien claim could get the job done too. Ultimately, though, which recovery option best suits your needs is up to you, and that may be based on any number of variables that apply to your business. For more information on Notices of Intent to Lien as well as Nebraska mechanics liens, these resources should be useful: (1) What Is a Notice of Intent to Lien and Should You Send One?; and (2) Nebraska Mechanics Lien Guide and FAQs.

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