Expert: Dan Griffin - 12/28/2007

Question
Hi Dan, I am a sub contractor who does masonary work and i have a house that i'm waiting to get paid on. I have a contract with them that states they have 120 days from when i finished to pay before the lein goes on. The time is up and they want me to sign a extension contract that will guarentee my money in the near future. I'm wondering if that is a good idea or not. I don't feel like they would stiff me for the money but i have to cover myself. Is it possible to get a lein extension that covers me for another 3 months or should i just file the lein before it's too late. Any help would be great
TRhank you
Scott

Answer
File the lien, it is your only protection.  It is not very much protection as it only comes into effect if they try to sell the place.

I am not an attorney, I am not giving you legal advice as I am not qualified.

If the client has some other written, enforceable proposal you might listen.  There are many generals who postpone subcontractor's payments.  I know you want a good relationship and future work, but business is business.  Here, I would need to file within 180 days.  Double check where you are.  Get the lien paperwork, fill it out, and show it to the man with the check book.  Explain that you must protect yourself and your company and you will hold the lien for xxx number of days, but that it will be filed by the deadline.