Legal Question in Aviation Law in Iowa

Aircraft Lein

I performed service on a private airplane on the side and now the owner is refusing to pay until he finds other people to finish what is left. I am only qualified to do avionics, the rest of plane is for an A&P mechanic. The plane is right now not able to fly in order to test my part. I am afraid that he will not pay. What are my options.


Asked on 12/17/04, 10:10 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Aircraft Lein

It may interest you to know that I have had an A&P license since 1980, a FCC General, and I held the IA from 1983-1992.

There are liens for artisans under Iowa law but they are conditioned on retaining possession of the property in question that the work was done on. In a recent decision of the Iowa Court of Appeals it was held that a common law lien is also conditioned on possession of the property.

There is also what I would call the Rockwell Collins lien, and in the case where the aircraft is a multi engine owned by an air carrier or by a person who leases aircraft to air carriers in the usual course of their business a lien is possible for a provider of avionics goods and services. It does not sound like that applies to your case.

As far as the owner's refusal to pay you for your work he does not make a valid objection and depending on the amount at issue you may sue him in small claims or in district court. If the amount exceeds $5,000 it is a matter for the district court.

As a point of information, if you retained possession of the logbook or have not signed off on the repairs or installation yet you have a lot of leverage. If you have not done so, the aircraft is unairworthy and cannot be made so. In addition if the owner refuses to pay you for equipment you have furnished and you can PEACEABLY remove the equipment you will be in a much better position than you are now.

Drop me an email and let's visit.

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Answered on 12/17/04, 11:51 am


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