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

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

Aug 4, 2020

Rhode Island's mechanics lien statute explicitly states that mechanics liens will be available even where there isn't a written contract. § 34-28-1 of the RI lien statute states that lien rights may be available when work is done "by oral or written contract with or at the oral or written request of the owner..." So, even if no oral contract or written contract was formed, if the work was requested by the owner, lien rights will be available. Still, that doesn't mean a contractor can overstate their claim. Generally, a RI lien claim will be limited to the value of the work and materials. So, if the contractor claims more than what they're owed, then that could render their claim invalid and unenforceable. Still, it's incredibly common for an owner and their GC to dispute the amount that's owed - and a lien claim could still be valid even when the amount owed is in dispute. With the above in mind, these resources should be valuable to you: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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