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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35312
Experience:  16 years real estate, Realtor. Landlord 26 years
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I worked as an independent contractor estimating and selling

Customer Question

I worked as an independent contractor estimating and selling roofs after a hail storm in Fort Smith Arkansas in June of this year. I wasn't there long because something came up and I went back home to CO.
I sold 3 jobs and between myself and the owner of the roofing company we agreed that he'd pay me half of what would have been the regular commission, somewhere around $1500-$2000
Now I can't get ahold of either the owner of the co or his assistant and they no longer respond to texts or emails.
My question is what recourse do I have at this point. Can I put a lien on the three properties? I hate to do that to the homeowners but that might be enough pressure to make the roofing co want to pay me.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If you didn't actually perform any work on the properties, then you likely wouldn't have any mechanic's lien rights. You actually have to perform physical labor and/or incorporate materials into the project in order to gain mechanic's lien rights. Estimating the job and getting the customer under contract probably wouldn't stretch into the category of "furnishing labor and/or materials".

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You could try to file liens, but if they were challenged by the homeowner, you could end up being sued for "slander on title" and be held liable for damages and for their legal costs of dissolving the liens. So if it were me, I wouldn't risk it.

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So your recourse here is to sue the company under a breach of contract claim for whatever they owe you in small claims court. You can sue for up to $5K in AR and don't need an attorney to do so. You will have to sue them in AR in order to get personal jurisdiction over them, but the clerks will have the summons and complaint forms you need to file to start the case.

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thanks

Barrister

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