Can a Construction Company file a lien after they give you a conditional release of lien?

4 weeks ago

I received an conditional release of lien from the roofing company that did work on my house if we paid our final balance, which we did. Now they are sending us an invoice for $4000 more than we weer never invoiced for or know what it is for. It is stated as a notice of intent to lien. Can they do this?

Senior Legal Associate Levelset
477 reviews

Generally, no. If you’ve been given a final conditional waiver, and if that waiver has been paid, then that’s that – all mechanics lien rights have been waived. If the conditional lien waiver was only a progress lien waiver, and if that bill didn’t constitute the final bill, then it’s possible additional work would be billed and that lien rights would exist for that work.

But even then – mechanics lien rights are only available to the extent that work is performed but not paid for. So, a company can’t just make up charges and then claim lien rights based on those charges. Further, if there were other factors pointing toward the fact that this was final payment, like if the check stated payment was “final,” then that’d also point toward the project being closed out and to the unavailability of lien rights.

For further discussion on conditional waivers: Unconditional Lien Waivers vs Conditional Lien Waivers.

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.
1 found this helpful
Guest
Anonymous

I have receipts and the email send final payment. I am sure that we are in the right here. This company has been hincky since the beginning. I should of stopped working with them back then.

Guest
Anonymous

In yesterdays mail I received three Notice of Intent to Lien from this company via Levelset, one to me, one to my husband and one to both of us for a different amount than the first two. I have emailed the company and I guess now I need to wait for the holiday weekend before I get an answer as to why?

Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now
Get answers from construction attorneys and payment experts
120 Character Limit