The owner is building a new home and is running the project. I was hired by the owner to do do work on a swimming pool and spa at the house that was not completed by a another company. I have sent an invoice for labor and materials used and owner has told me he has no plans of paying. I am still owed for more labor and materials that I have not sent but I am getting ready to send tomorrow. I have been in contact with the owner about payment and I had to threaten to stop working at project to get paid before. I due not have a contract with him but he knows my hourly rate from previous invoice. I also have hotel,gas receipts ect. to show dates I was there. I have a Pool and Spa business is in Big Sky Montana. I was called and asked by his assistant if I could work on this project in Jackson Hole Wyoming because previous contractor bailed. I have been dealing with owner ever since. He lives on property in guest house. He has made it clear verbally and in text messages has no plans to pay. With no contract can I still file a lien. Thanks William
Dear William,
Because your work was performed at the owner’s request, it is most likely lienable. To preserve your lien rights, you need to comply with Wyoming’s preliminary notice (within 30 days after your first work), notice of intent to lien (no later than 20 days prior to filing your lien), and lien filing (within 120 days after your last work) requirements and deadlines.
Even if you have no lien rights, you would most likely still have a legal claim for breach of contract (while you may not have a written contract, it appears based upon your description of the facts that you at least have a verbal/oral contract) and equitable claims such as unjust enrichment.
All the best to you in collecting your money.
If you contracted directly with the owner, you must send the notice to the owner or his designated agent prior to receiving any payment from the owner, including advances. If you were a subcontractor, you must send the notice to the reputed owner or his agent within thirty (30) days after first providing services or materials to the project.