Can a contractor file a lien on my house if NO REPAIRS or work has actually been completed? I signed the contract almost 2 months ago. There is no price on the contract, it states I am required to pay a $2000 deductible and that's it. The contract also states that payment is required upon COMPLETION of each trade. The only thing that has been done is mold/asbestos testing, which I've already paid. I have given the contractor $4500.00 already and no work has been done on my house or even scheduled. No estimates have been sent to my insurance adjuster either.I am trying to use a different contractor because nothing is being done on my house but the contractor wants more money.
The contractor can only file a lien related to the improvements. They likely think more improvements were done than was paid for. They cannot file a lien related to the full contract amount. Only work completed.
They can sue you for breach of contract.
A lien is generally for the value of work performed or materials supplied. There's likely a dispute over the value of work performed, or potentially an order for materials/supplies out there. If there isn't, or the contractor can't show that your funds have been applied to the job, there are a number of claims you could have against the contractor, particularly if he liens. If he liens without the ability to argue he's performed some indicia of work, you'd potentially have a statutory claim that would invalidate any lien he puts on, plus additional penalties.
Given that this is an insured job, I have a few additional concerns.
As far as breach, that's entirely dependent on the language of the contract. I'd be sure you're protecting yourself under the contract before terminating in a manner that could expose you to additional issues.