Legal Question in Business Law in Oklahoma

We are a small family owned HVAC company that contracted with a management company. The management company hired us to do work on properties they managed. We did the work and sent invoices to the management company on the day the work was completed and followed up with reminder invoices. The properties they managed have sold and the management company was not paid. We are now being told that collection of the debt is on us and we should file a lien on each property if we can't successfully collect. The main property that has not paid is now up for sale so a lien needs filed prior to the sale. Who owes us the money, the management company or the property owners? Who should file these liens, the management company that hired us to do the work, or our company as we were the ones that did the work?

Asked on 11/12/20, 11:23 am

1 Answer from Attorneys

Jonathan Krems Liberty Legal Solutions, LLC

There are a few things here that I would like to look at to be sure, but usually if you had a written contract with the management company, then it is the management company which will you owe you the monies for the work that you performed. I am not sure who told you that you could file a lien (sometimes you can, and sometimes you cannot), but the property owner may not be liable for your work if you did not contract with them directly. If you should file a lien, then it would be your responsibility to do so.

One consideration you might have is to file a collection lawsuit against the management company which hired you to perform the work and did not pay your invoices. This is something that I can help you with, if you would be interested. I do these types of lawsuits for a reasonable flat fee, and that is something we could discuss if you are interested in scheduling a consultation. If you would like to schedule a consultation to assist you further, you may email me directly at [email protected]; I would also like to review your written contract with the management company in advance of the consultation.

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Answered on 11/12/20, 1:35 pm

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