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Weather delay project deadline.

I am a handyman that remodeled a deck for a customer in 2019 (signed contract). Last work preformed was in November 2019 due to weather conditions to wet to sand and stain the deck. At that time I presented to home owner with a revised statement stating, I would finish project in/around May 2020 weather permitting.. She verbally agreed. Weather was not agreeable to work on deck in May/most of June 2020. I just discovered home owner finished the deck herself and has her home up for sale, she is currently moving into a new home. The lien rights is clearly in a statement on every contract and is clearly on the contract she signed. Is my window of opportunity to file still open or am I out the remaining $1,225.13 owed to me?

3 replies

Jul 14, 2020

If you've gone unpaid for your work, if you've followed all of the necessary steps to preserve Wisconsin mehanics lien rights, and if the deadline to file a Wisconsin mechanics lien hasn't passed, then a lien should be great leverage for getting paid. That's especially true when it looks like the property will soon be sold since a mechanics lien filing will likely hold up any potential sale. Regarding when the lien window closes - a Wisconsin mechanics lien must be filed within 6 months after last furnishing labor or materials to the project. But, the lien must also be filed at least 30 days after a Notice of Intent to Lien is sent. Still - simply sending a Notice of Intent will often lead to payment. Plus, the owner will need to resolve the dispute before selling the property. This sounds a lot like another question posted here on the Expert Center - you can find that question and answer here: Will my lien be valid in court?

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Dec 24, 2021

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Jun 7, 2022

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