As a owner can I challenge a lien for faulty work?

7 months ago

they did a job. They did not complete the scope of work provided or what the insurance people paid them for and I asked them to finish the job and they would not come back out until I paid them in the process I got a lawyer and I had another BBB accredited construction company come out and they said the job before hand was not completed and that my floor is ruined and need to be replace and to fix everything they did wrong would be 24,700.00 can I challenge the lien?

Senior Legal Associate Levelset
474 reviews

Property owners are certainly entitled to challenge a mechanics lien claimant’s lien based on a number of factors. And, it’s common for an owner to argue that payment isn’t owed because the work is defective. Of course, allegations of defective work won’t automatically render a lien claim invalid. And, even if an owner can prove that payment isn’t fully owed due to defective work, the lien claim could still be effective to the extent that acceptable work was provided.

Further, if the contractor actually caused damage, or if they’ve already been paid more than what the value of their work was, then an owner could potentially recover damages against their contractor for poor workmanship as well.

For help challenging a mechanics lien filed against your property, it’d be wise to consult a local North Carolina construction attorney. They’ll be able to review your project documents, the work that was done, and your allegations, then advise on how best to move forward in challenging the claim.

Finally, this resource might be helpful too: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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