[CLC-Discussion] CLC discussion- lien rights

[lauriesams at comcast.net]

I have had this issue come up several times lately and want someone else perspective on this if they know the answer.  Subcontractor enters into agreement (oral) to do the rough in and later the trim out on a residential construction.  Subcontractor sends NTO upon receipt of the PO or oral order to start for the rough in. They complete the rough in and invoice for it.  They are not paid within 90 days of completion of the rough in but do not lien as they are anticipating returning to the job to complete the trim out.  They are never called and in fact the GC has someone else complete the trim out.  My first response is they have lost their lien rights.  However, just to be sure, could a viable argument be made that the original oral agreement was for completion of the rough and trim and so the last date on the job for the rough in does not control?
You can respond to me directly at the below email.
Laurie B. Sams
lauriesams at comcast.net 
Van Winkle & Sams, P.A. 
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
www.vwslaw.com
Please Note: Our firm only accepts WIRES for closings.
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise
be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have
received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is
strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by
telephone (941) 923-1685, or e-mail at vwslaw at comcast.net  and immediately delete this message and all of its
attachments.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20120425/adc1ad15/attachment.html>