If I am a sub-contractor and have not been paid, should I file a lien or take them to court?

I have subbed to a comany for over a year now and they have been slow to pay in the past. However some of my bill’s have been ignored as far back as last year. They are holding almost $6,000 of my money know and show little in the way of paying me in full. What should I do file a lien on the work that I completed or take them to court?

Asked on July 25, 2012 under Employment Labor Law, New Hampshire


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A lien soley secures a sub-contractor's work on a piece of property pending payment. The problem is that many times the lien is not properly perfected and as such is invalid.

From what you have written, you might consider simply filing suit to get the $6,000 owed rather than go through the lien stage where you may not have properly pre-liened the work of improvement. I suggest that you consult with an attorney experienced in construction law to assist you in your matter.

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