How to File a Business Lien Against a Bad Roofing Company: 1 Minute to Protect Your Business and Get Paid

Filing a business lien against a roofing company that failed to complete their contracted work or left you with defective roofing involves a multi-step legal process. First, you'll need clear documentation outlining your agreement, proof of payment, and evidence of the company’s failure to meet obligations (such as photos, correspondence, and invoices). Consult with a local attorney or county clerk to determine whether you qualify to file a lien under your state's laws; some states restrict liens to contractors or material suppliers, not customers. Typically, you may pursue a mechanic’s lien if you are the property owner and the contractor either failed to pay subcontractors/suppliers, or did not deliver promised work. If eligible, file a “Notice of Intent” to lien with the roofing company and county records office, stating the amount owed and the nature of the dispute. Follow your jurisdiction's timelines strictly—many states have 90-day or 120-day deadlines from the last date the work was performed. After serving proper notices, you’ll prepare and submit a lien filing form, paying required fees, and officially record the lien on the property. This can restrict the company’s ability to sell or finance the property until the lien is resolved. If a lawsuit or mediation is necessary, retain all correspondence and project records. As a designer, I always recommend compiling thorough before-and-after photographs and a detailed project timeline. Visual documentation strengthens your case and aids attorneys and mediators in understanding the extent of the unfinished or defective work. Effective organization of materials supports legal proceedings, and having a clear floor plan or renovation blueprint — much like one you would create in a dedicated 3D Floor Planner — can clarify your expectations and contractor’s obligations for all parties involved.

Tips 1:

Document everything meticulously, from your original contract, receipts, change orders, communications, and work photos. This not only helps in filing a lien, but also prepares you for potential court cases or negotiations after the lien is placed. Use digital tools to organize your paperwork and timelines for quick retrieval.

FAQ

Q: Can anyone file a business lien against a roofing company?

A: Generally, property owners or contractors may file a lien for unpaid or disputed work, but eligibility varies by state. Consult your local laws or an attorney.

Q: How long do I have to file a lien after the roofing job is completed?

A: Deadlines differ by state, typically ranging from 90 to 120 days after work concludes or materials are delivered. Check your state's statutes for exact timelines.

Q: What documents should I prepare before filing a lien?

A: Contract agreements, payment records, photographs of the work, correspondence, and any proof of the roofing company's breach should be assembled.

Q: Will filing a lien guarantee payment or resolution?

A: A lien creates a legal claim but doesn’t ensure prompt payment. The roofing company may dispute it, requiring mediation or court involvement.

Q: Do I need a lawyer to file a business lien?

A: While some homeowners file liens themselves, consulting a lawyer ensures the process is correctly followed and increases your chance of success.