Should I Still File a Mechanics Lien If I’ve Been Promised Payment? A Contractor’s Guide

As a contractor, few things are as frustrating as chasing down a payment you have rightfully earned. You’ve completed the work, met your obligations, and now you’re waiting for the client to hold up their end of the bargain. 

Often, when you inquire about the delay, you receive a promise: “The check is in the mail,” or “We’ll get you paid next week.” While this might sound reassuring, it can put you in a precarious position. This leads to a critical question: if you have been promised payment, should you still move forward with filing a mechanics lien?

The Short Answer? Yes.

Yes, you should still file your mechanics lien even if you’ve been promised payment. Lien deadlines are absolute and don’t pause for payment promises. Missing a deadline means losing your contractor lien rights permanently, regardless of any verbal or written assurances you received.

Only 12% of construction companies report always getting paid on time, with fewer than half that offer 30-day payment terms actually receiving payment within that timeframe. This means that 88% of contractors face payment delays, making construction payment protection through mechanics liens essential for business survival.

Protecting your right to payment is one of the most important things you can do for your business. Relying on a promise, even a written one, can have disastrous consequences if it causes you to miss your legal deadlines. This article will explain why you must move forward with the lien process despite promises of payment, how to handle the conversation professionally, and why securing your rights is always the right business decision.

The Unforgiving Nature of Lien Deadlines

What Are Mechanics Lien Deadlines?

Every state has specific laws governing mechanics lien deadline requirements. These laws are designed to protect contractors, subcontractors, and suppliers by giving them a legal claim against the property if they are not paid for their labor or materials. However, this protection comes with a strict set of rules and, most importantly, deadlines.

These timelines are not suggestions; they are hard-and-fast legal requirements. From sending a pre-lien notice to filing the lien itself, each step has a specific window in which it must be completed. This window is typically calculated from your last day of work or the last day you supplied materials to the project.

What Happens If You Miss a Deadline?

Here’s the crucial part: a property owner’s promise to pay does not stop the clock. If you miss a deadline because you were waiting for a payment that never came, a court will not accept that as a valid excuse. You either meet the timeline, or you lose your lien rights forever. 

Once those rights are gone, your primary leverage for getting paid disappears, leaving you with more expensive and time-consuming options like a lawsuit.

Do Payment Promises Extend Deadlines?

The answer is no. Payment promises (whether verbal, written, or even signed agreements) do not extend lien filing requirements or deadlines. The law operates on objective dates, not on subjective promises. Courts universally reject “but they promised to pay” as an excuse for missing a filing deadline.

Mechanics Lien Filing Deadlines by State

Understanding your state’s specific deadline is critical. Below is a comprehensive table of mechanics lien deadline requirements for all 50 states for general contractors/prime contractors. Note that these are general timeframes and can be shortened by Notices of Completion or other actions:

State	Lien Filing Deadline (After Project Completion)
Alabama	6 months from last work/materials
Alaska	120 days from last work/materials
Arizona	120 days from completion/notice of completion
Arkansas	1 year from last work/materials
California	90 days from completion (60 days if Notice of Completion filed)
Colorado	4 months from last work/materials
Connecticut	90 days from last work/materials
Delaware	6 months from last work/materials
Florida	90 days from last work/materials
Georgia	3 months from last work/materials
Hawaii	6 months from last work/materials
Idaho	90 days from completion
Illinois	4 months from last work/materials
Indiana	60 days from last work/materials
Iowa	2 months from last work/materials
Kansas	4 months from last work/materials
Kentucky	6 months from last work/materials
Louisiana	60 days from filing notice of contract/substantial completion
Maine	120 days from last work/materials
Maryland	180 days from last work/materials
Massachusetts	90 days from last work/materials
Michigan	90 days from last work/materials
Minnesota	120 days from last work/materials
Mississippi	1 year from last work/materials
Missouri	6 months from last work/materials
Montana	90 days from last work/materials
Nebraska	4 months from last work/materials
Nevada	90 days from completion
New Hampshire	120 days from last work/materials
New Jersey	90 days from last work/materials
New Mexico	6 months from last work/materials
New York	8 months from last work/materials
North Carolina	120 days from last work/materials
North Dakota	90 days from last work/materials
Ohio	60 days from last work/materials
Oklahoma	4 months from last work/materials
Oregon	75 days from substantial completion
Pennsylvania	6 months from last work/materials
Rhode Island	120 days from last work/materials
South Carolina	90 days from last work/materials
South Dakota	90 days from last work/materials
Tennessee	90 days from last work/materials
Texas	15th day of 4th month after completion
Utah	180 days from last work/materials
Vermont	180 days from last work/materials
Virginia	90 days from last work/materials (60 days if Notice of Completion)
Washington	90 days from last work/materials
West Virginia	90 days from last work/materials
Wisconsin	6 months from last work/materials
Wyoming	3 months from last work/materials

A few important notes:

• These deadlines can be significantly shortened if a property owner files a Notice of Completion.
• Subcontractors and suppliers often have different deadlines from general contractors.
• Preliminary notice requirements exist in many states, with separate deadlines.
• Always verify current requirements with a construction attorney for your specific situation.

Is the Payment Promise a Delay Tactic?

You want to believe your client has good intentions. In many cases, they might. However, you must operate your business by assuming that some parties may not be acting in good faith. An experienced property owner or general contractor is likely aware of the lien deadlines you are facing. It is possible, though not always the case, that they are purposefully making promises to push you past your legal window to file.

Think of it from their perspective. If they can delay you with promises until your lien rights expire, they have removed a significant threat. You lose your ability to encumber their property, which is a powerful tool for compelling payment. By the time you realize the promised money isn’t coming, it could be too late to take the most effective action available to you.

Red Flags That Payment Promises May Be Delay Tactics

Watch for these warning signs that suggest the client may be intentionally stalling:

Multiple Postponements with Changing Excuses

• First, it’s “waiting on the bank,” then it’s “my partner needs to sign,” then it’s “accounting is backed up.”
• The excuse changes each time you follow up, suggesting there may be no real plan to pay.

Vague Language Like “Soon” or “Working on It”

• Promises that lack specific dates or concrete timelines.
• Responses like “I’ll get to it when I can” or “it’s in the works.”
• Refusal to commit to a specific payment date.

Requesting You Sign a Waiver Before Payment

• Asking you to sign a lien waiver or release before the check clears.
• Pressure to “show good faith” by signing away your rights.
• This is a major red flag. Never sign away lien rights before payment is verified.

Suddenly Disputing Work Quality After Months of Silence

• The project was supposedly fine for weeks or months.
• Now they suddenly have complaints about quality or scope.
• This often appears right around the time your lien deadline is approaching.

Claims They’re “Waiting on Funding” Repeatedly

• Every conversation involves waiting for money from someone else.
• The funding source keeps changing or remains vague.
• Legitimate funding delays are usually resolved within a specific, stated timeframe.

If you’re experiencing any combination of these red flags, it’s time to stop relying on promises and start protecting your contractor lien rights immediately.

Because you can’t know for sure what the other party’s intentions are, you must protect yourself. The safest and most professional approach is to proceed with the necessary steps to perfect your lien rights, regardless of any assurances you receive.

How to Handle the Lien Conversation Professionally

Filing a lien notice doesn’t have to be a hostile act. It’s a standard business practice for protecting your financial interests. When a client promises payment but the deadline for a required lien action is approaching, you need to have a direct and honest conversation.

You can frame it professionally and without accusation. Try saying something like this:

“I appreciate you letting me know that you’re planning to send the payment. However, as a business owner, I have legal deadlines I must meet to protect my right to payment. I have to move forward with the next step required to secure my lien rights. This is a standard procedure to protect my company and my family, and I hope you understand that if you were in my shoes, you would do the same thing. As soon as payment is received, we can happily resolve the filing.”

This approach accomplishes several things:

• It shows you are operating professionally.
• It communicates that you are serious about getting paid.
• It separates the business necessity from any personal feelings.
• It places the responsibility on them to pay promptly to avoid the lien.

Most reasonable people will understand this position. You are not being aggressive; you are being a responsible business owner.

Protecting Your Business is Not an Insult

Some contractors worry that filing a lien or sending a notice will damage their relationship with the client. While it’s true that some clients may react negatively, it’s often a sign that they were not planning on paying you anyway. A client who genuinely intends to pay will understand that you are taking a necessary legal step.

Remember, you extended services and materials on credit, trusting you would be paid. When that payment is late, the trust has already been strained. Taking steps to secure your payment is not an insult; it’s a direct consequence of the client’s failure to pay on time. Your first obligation is to the financial health of your business and the well-being of your family and employees. Allowing a promise to jeopardize that is a risk you cannot afford to take.

“What If The Customer Pays Right After I File a Lien?”

This is a common worry, but here’s the good news: if payment arrives after you file your lien, you can simply release it. The process of releasing a lien is straightforward and inexpensive.

Think of it this way: it’s better to file and release than to skip filing and lose your rights forever. A lien release costs a few hundred dollars and takes minimal time to process. Losing your lien rights could cost you tens of thousands of dollars that you’ve legitimately earned.

Furthermore, many clients actually do pay once they see you’ve filed the lien. The lien creates real consequences for them; it clouds their property title, prevents them from selling or refinancing, and demonstrates you’re serious about collecting what you’re owed. In this sense, filing the lien often gets you paid faster than continuing to wait on empty promises.

Pre-Lien Notice & Filing Checklist

Before you file your mechanics lien, use this checklist to ensure you’ve covered all the necessary steps:

• Calculate your deadline from the last day of work. Know your exact filing deadline based on your state’s requirements
• Send preliminary notice (if required in your state). Many states require this within 20-60 days of starting work
• Document all payment promises in writing. Email confirmations, text messages, or written agreements can be valuable evidence
• Continue the lien process despite promises. Don’t let assurances stop you from protecting your right.
• Prepare lien documents 2 weeks before the deadline. Give yourself buffer time for any complications
• File a lien before the deadline expires. Never wait until the last day; unexpected issues can arise
• Send a copy of the filed lien to all required parties. The property owner, general contractor, and potentially lender must be notified

The bottom line: never let a promise of payment, verbal or written, cause you to miss a deadline for protecting your lien rights. The law provides you with a powerful tool to ensure you get paid for your hard work; don’t give that tool away for a promise that may never materialize.

Don’t Let Promises Cost You Thousands. We Can Help You Secure Your Payment

Navigating lien laws can be complex, and every situation is unique. If you are struggling with a non-paying client and are unsure of your next steps, don’t wait until it’s too late. The Cromeens Law Firm has extensive experience helping contractors and suppliers secure the payments they are owed. Contact us today to discuss your specific situation and learn how we can help you protect your rights.

If you’re facing a mechanics lien deadline and haven’t been paid, contact The Cromeens Law Firm today. We’ll:

• Calculate your exact deadline based on your state’s laws and your specific project completion date
• Send all required preliminary notices to preserve your lien rights
• File your lien correctly and on time with proper legal descriptions and documentation
• Handle the conversation with your client professionally so you can maintain relationships while protecting your rights

The consultation is free, but the peace of mind is priceless. Don’t gamble with your business. Protect your payment rights today. Every day you wait brings you closer to losing your leverage forever.

Frequently Asked Questions

Will filing a mechanics lien guarantee I get paid?

While a lien doesn’t guarantee payment, it creates significant leverage by placing a legal claim on the property. Property owners often pay quickly to clear the lien so they can sell or refinance. According to industry data, mechanics liens are one of the most effective payment collection tools in construction, with high success rates for compelling payment or settlement.

What if I’ve already received partial payment? Can I still file a lien?

Yes, you can file a lien for the unpaid balance. Make sure to subtract any payments already received from your lien amount to avoid claiming money you’ve already collected. Accurately documenting partial payments is essential to avoid potential fraud claims.

If my client gets angry when I file, does that mean I did something wrong?

No. A professional client will understand you’re protecting your business. If they react with hostility to a legitimate lien filing, it often indicates they weren’t planning to pay anyway. Your legal rights don’t depend on their approval, and protecting your business is not negotiable.

How long does a filed lien stay valid once it’s recorded?

This varies by state, typically 1-2 years. You must usually file a lawsuit to enforce the lien within this timeframe, or it expires. The enforcement deadline is separate from the filing deadline, and missing it means your lien becomes unenforceable even though it was properly filed.

Can I still negotiate payment after filing a lien?

Absolutely. Many payment disputes are resolved through negotiation after a lien is filed. The lien gives you leverage to reach a fair settlement. In fact, filing the lien often brings the other party to the negotiating table because they want to clear the cloud on their property title.