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Can a contractor who has been paid for there work up to the time they were fired file a lien for lost wages, or time talking with sub contractors?

NebraskaMechanics Lien

I fired my contractor after he turned in a bill that was almost 2x what it was supposed to be. He has since told me I will be receiving a bill for lost time, lost wages, and for his time invested in getting bids from the plumber and electrician and his time in meeting with them. He told me if not paid within a week he will file a lien on my property.

1 reply

Feb 26, 2018
This is a good question. Nebraska statute affords pretty broad leeway for a mechanics lien amount. Generally, a general contractor may file a lien for unpaid amounts under the contract. Thus, if a contractor has factored costs into their contract amount, it would seem that such costs would be lienable since they are represented by unpaid contract amounts. However, lost wages, lost time, or any other amount that was not provided for in the contract or does not represent any work performed on the project would likely not be validly included in a lien claim. It's worth noting that just because certain amounts of a lien claim might not be valid does not mean that they may not actually be made. Even if improper amounts have been included, it's possible that a contractor may file their lien claim. Of course, improper amounts may be challenged and eventually thrown out. In cases where a lien has been intentionally exaggerated or has been fraudulently made, a lien may be discharged and fines or other penalties may come into play - such penalties are often harsh, and in some cases, could rise to the level of criminal penalties.
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