A general contractor is putting up a large office building for a customer. A sub-contractor is hired to install the dry wall and office doors. The work is essentially complete. More than 90 days has gone by and the sub-contractor has not been paid. The general contractor is close to handing title of the building to the customer.
The credit manager of the sub-contractor is unhappy that his firm has not be yet paid. He would like to put a lien on the building but 90 days have passed since the work has stopped. He then notices that one of the terms of the contract says that the sub-contractor must deliver a garbage can for the lobby and his firm has failed to do so. So he buys a garbage can and delivers it to the new building. He then places a lien on the building.
The general contractor's lawyer says that the lien is invalid because more than 90 days have passed. The credit manager says it is because the work was not complete until the garbage can was delivered. Who is right?