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Can a contractor file a lien if no contract was every signed and price was doubled?

PennsylvaniaMechanics LienNotice of Intent to LienPayment Disputes

I contacted a contractor that had done previous work for me about another job. We talked over the phone about the project. His employees came and completed the work in one day. The work was horrible. He then presented me with a bill that was more than double what we had discussed on the phone. I refused to pay the amount he gave the invoice for, but agreed to pay the amount he discussed. He is now threatening to put a lien on my house..

1 reply

Jul 22, 2020

Pennsylvania does allow contractors to file a lien based on a verbal contract, but the burden is on that contractor to show that the proposed work was clearly defined with a specific price (because there needs to be an offer and acceptance for an enforceable agreement to exist). Based on the facts which you described, it sounds like the contractor will have a hard time providing the requisite evidence to be successful in his lien. 

Make sure that you respond and object in a timely manner, should the contractor try to file an improper lien. Keep in mind that if you do nothing to contest the lien, then there is no indpendent arbiter who's job it is to review and decide whether the asserted lien is meritorious.  

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