I am the homeowner and am withholding final payment on a renovation project because the bucket list wasn't completed. Can the contractor put a lien on my home
2 replies
Jun 24, 2020
The contractor can file a lien, but you are entitled to withhold an amount sufficient to complete the work properly.
I think you may be saying that the contractor did not complete the punch list for the project, which is a list of nonconforming work and corrections that are needed. You should notify the contractor in writing that he has not completed the work. You should give him a reasonable time to complete the work and tell him that you will get someone else to complete and correct the work if he fails to do so.
From the residual amount or retainage, you can withhold an amount sufficient to complete the work properly.
Put another way, it appears that the contractor has substantially completed the work. In that case, he is entitled to payment of the contract amount, less the amount to repair nonconforming or defective work.
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Helpful
Jun 24, 2020
Technically the answer is Yes. A contractor can file a lien. The question is whether the lien is valid. If it is filed within 90 days of the work being performed, and if it actually covers the work or materials, then the lien may be valid. Often, disputes arise over punch-list items. It is almost always better to amicably resolve punch-list disputes.