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Home>Levelset Community>Legal Help>A contractor has put a lien on my home after agreeing to and accepting full payment for a job not completed as contracted. Additionally I have never been notified, as per Virginia Law by Certified/Return Receipt mail. What are my options for contesting this frivoulous lien?

A contractor has put a lien on my home after agreeing to and accepting full payment for a job not completed as contracted. Additionally I have never been notified, as per Virginia Law by Certified/Return Receipt mail. What are my options for contesting this frivoulous lien?

VirginiaMechanics Lien

Contracted company to replace windows and do specific siding repairs. We were told it would take 2 to 3 days. 38 days later the work was not complete and some not done to standard. We negotiated a price of $1,500 less than estimated to accept work "as is" and we paid such through our financial institution. My wife wrote up a factual review of the company afterward which was non-inflammatory but did reflect the negative characteristics of the work completed/not completed. One month later, in retaliation, the company placed a $1,500 lien against our home. The way I found out was by verifying our mortgage had sent the correct payoff documents to the county records office and it was they who notified me of the lien, not the contractor.

1 reply

Oct 12, 2017
Virginia mechanics lien law provides a mechanism for determining the validity of a filed mechanics lien.

"§ 43-17.1. Hearing on Validity of Lien Any party, having an interest in real property against which a lien has been filed, may, upon a showing of good cause, petition the court of equity having jurisdiction wherein the building, structure, other property, or railroad is located to hold a hearing to determine the validity of any perfected lien on the property. After reasonable notice to the lien claimant and any party to whom the benefit of the lien would inure and who has given notice as provided in § 43-18 of the Code of Virginia, the court shall hold a hearing and determine the validity of the lien. If the court finds that the lien is invalid, it shall forthwith order that the memorandum or notice of lien be released from record."

You may initiate such a hearing yourself, but as it is a proceeding before a court, you may be more comfortable getting an attorney to handle it for you.

Further, if the lien included work not performed upon, or materials not furnished for, the property the lien claimant forfeits any right to a lien.

Additionally, there could be additional causes of action against the lien claimant to the extent s/he filed an invalid or fraudulent lien. As well as being required to pay the property owner's attorneys' fees in getting the lien removed, there may be damages for slander of title and/or other damages incurred (additional pay-off costs, etc.) because of the improper filing.

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