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Is filing a mechanic's lien the best way to get money owed by a general contractor?
Asked almost 2 years ago - New Holland, PA
I did some subcontracting work for a general contractor on a large restoration project. He now has kicked me off the site, and told my workers lies to get them to work directly for him, thus making his margin of profit larger. He still owes about $5,000 to me but refuses to pay, and has become hostile, threatening my life. Is the best course of action to bypass the general contractor and file a mechanic's lien (probably after warning the owner first)? Or small claims court? Any major drawbacks to mechanic's liens? Thanks.
Attorney answers (2)
The main drawback to a mechanics lien is the cost. Filing the Notice of Claim is not enough. You have to go to Court and secure a judgment or verdict before you can collect.It is sometimes faster to start in small claims court, but an appeal to Common Pleas can be had for only a few dollars. Then an appeal from that for a few hundred dollars. A true deadbeat can delay you for 4 years or until they hide their money.
You need to consider the mechanics lien for the $5,000, and when you file the lawsuit on the mechanics lien, include your loss of profit for the breach of contract going forward.
DISCLAIMER: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
James S. Tupitza
212 W. Gay Street
West Chester, PA 19380
You need to consider the mechanics lien for the $5,000, and when you file the lawsuit on the mechanics lien, include your loss of profit for the breach of contract going forward.
DISCLAIMER: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
James S. Tupitza
212 W. Gay Street
West Chester, PA 19380
Keep your eye on the ball. The object is to get your money, not create business for multiple lawyers. If the general contractor has money, I would sue the general contractor in small claims court, leaving the owner and its lawyer out of the picture. It sounds like your beef is with the general contractor, not the owner. Including the owner by filing a mechanic's lien will cost considerable money, subject you to pain imposed by the owner's attorney, and distract you from the prime objective.
