Home>Levelset Community>Legal Help>Should I send a letter of intent?

Should I send a letter of intent?

North CarolinaLien Deadlines Notice of Intent to Lien

I’m a Concrete Contractor in Winston Salem, Nc. I’ve been working on a project for over a year now, my customer is very very picky. I’ve removed and replaced a bunch of concrete, my opinion looked good! Just when I thought I was finishing up, he decided to complain some more. Said he wasn’t going to pay me my balance owed on the project. They are using the concrete everyday and it looks great. I have photos that shows how good everything looks. I just went by and took more photos, they have their patio furniture setting on this huge patio that I’ve replaced because he was being very difficult. What can I do?

1 reply

Aug 19, 2020

First, note that there isn't really a specific deadline for sending a Wisconsin Notice of Intent to Lien. Rather, that document must be sent at least 30 days before a WI mechanics lien is filed. Of course, the state's mechanics lien deadline is 6 months after last furnishing labor or materials to the job. So, effectively, the deadline for sending a Notice of Intent is 30 days before that lien deadline. As you mention above, it's hard to know what to do when there's been a work stoppage. If the work actually continues, then the lien deadline gets pushed back. But, if the work is supposed to restart and doesn't, then a claimant could lose their mechanics lien rights if they do nothing. In that situation, it comes down to a business decision - no one's in a better situation than you to judge the trustworthiness of your customer, the owner, the GC, etc. But, it is worth noting that the deadline won't be moved simply due to promises. And, if you're dead set on securing your lien rights, it might be safer to send the Notice of Intent while you still can. It's also worth mentioning that you could reach out to the recipients and other project stakeholders to let them know the notice is coming and to smooth out the relationship on that end. For more on WI liens and Notices of Intent: (1) Wisconsin Notice of Intent FAQs & Guide; and (2) Wisconsin Mechanics Lien Guide and FAQs.

0 people found this helpful

Helpful