Other Factors To Consider if the Completion Date is Disputed

Other factors involved in determining when the contract is complete for mechanic’s lien purposes include the nature of the items on the punch list; Contract provisions relating to mechanic’s liens, if any, and the use and occupancy of the improvement.

Occasionally there is a difference of opinion as to the date of completion. This is often the case when a lien claimant sues to enforce his lien. During the trial, the court will determine when the contract was completed based on the evidence that has been presented by the parties. It is vital that the contractor keeps good records of correspondence and conversations with the owner as well as job and work logs and time records for those working on the project. By so doing, the court will be assisted in making an accurate after-the-fact determination of contract completion.

Given the fact that the contract completion date will often be disputed, it is important for the contractor to file the Notice of Lien well within the time period that he feels that he is entitled to. By so doing, the contractor minimizes the owner’s defense of failure to timely file the Notice of Lien.