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Can a contractor thats license expired file a lean on my home?

MichiganMechanics Lien

I am in the process of trying to sell my home. My realtor gave me the name of a friend of his that has done work for him in the past and stated he was a contractor. I have never hired anyone before to do work like this so I took the word of my realtor that this guy did good work. ( the realtor also sold me this home in 2015). The estimate was written on a note pad and neither of us signed it. He had me put the cashiers check in his name and not a business name. I guess I should have questioned that. He kept saying it was gonna be done by a certain time, but wan't getting it done.He never repaired any nail holes in walls before painting them. He put up some drywall where a furnace was removed and didn't let he mud dry before he painted it. Parts of the wall are darker shade of paint then others. The new countertop has a screw head pushing through. The counters were pushed up against the stove, but he moved one counter to match up with the top cupboard but never moved the counter on the other side of the stove so there is a big gap between the stove and one counter. With the two rooms that were painted poorly, he said he would deduct $500-600 of the remaining balance and we would have to redo the rooms ourselves. I told him that the reason that I hired someone in the first place was that we didn't have the time or help to be able to get it done in a reasonable time and the realtor and I wanted to have it done by Aug 5th,2022. I then suggested that he repaint the rooms and he furnish the paint ( I furnished the paint the first time) and also to knock off some money since now, it will take an EXTRA 5 days before he can get to it, which was already pas the original date he stated that he would get it done which was July 29th. When I suggested that, rather than give me a counter offer, he got in his truck and just left.

2 replies

Aug 8, 2022
I believe if he is unlicensed he has no right to file a Construction Lien for work that he did and was not paid for -- in any case he must file for a lien within 90 days of the last date of work he did at the site. Additionally I strongly recommend you keep detailed notes of your interactions and photographs of the shoddy workmanship. If you need to hire a different contractor to complete and or correct the work deduct the cost to complete/correct from the remaining balance due on his contract ... if more is due he might be entitled to it but . . . the devil is in the details. If he tries anything you can bond over the lien and still sell the house AND make a complaint to the State of Michigan for him being an unlicensed contractor which may open an investigation against him (and ultimately cost him his license if he wants to renew it)
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Aug 16, 2022
I agree with Mr Weiner and add that you should document the realtor referral by sending himher a letter about what happened. I don't think the state would investigate an unlicensed guy, but technically it is a crime so you could contact law enforcement. The above response is provided as a courtesy and does not establish an attorney-client relationship. If you would like to contact me directly for a consultation, I am located in Port Huron (810) 987-3970. Since 1975.
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