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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.