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Can a GC file a mechanic's lien?

I am an owner, and I am refusing to pay the last invoice to my GC. He is threatening me saying he'll file a mechanics lien. There was no contract and even the estimate was not signed. It was a residential project for repair/improvements. Can the GC file the lien?

2 replies

Feb 10, 2020

Virginia contractors do not need to have a written contract in order for mechanics lien rights to arise. In many cases, verbal contracts will be perfectly acceptable as a basis for mechanics lien rights. So, if a contractor performed work which permanently improved the project property but went unpaid for that work, then they may well be able to file a mechanics lien against the project property to secure payment. And, lien rights will typically still be available even if there's a dispute over what's owed or a dispute over the claimant's workmanship. Naturally, an owner will be able to argue their side of the issue. If the owner believes the claimant's lien is overstated, false, or if there's some other issue with the claim, then they'll have the chance to dispute the filed lien claim (typically via demand letter and legal action, if necessary). Plus, considering the complex nature of Virginia's lien laws, it's possible that some necessary requirements or deadlines might end up invalidating a potential lien claim, too. Rather than let the dispute reach that level, it's usually a good idea to try and talk out the issue and to potentially negotiate a resolution. If possible, owners and claimants will usually both to prefer to involve lien claims or attorneys. So, offering to calmly discuss the matter can save a lot of headaches. If things escalate and it seems like a mechanics lien may soon be filed, it may be wise to consult a local Virginia construction attorney. They'll be able to review your situation and advise on how best to move forward in your shoes. In any event, this resource should be valuable: I Just Received a Notice of Intent to Lien – What Should I Do Now?

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Feb 10, 2020

What if I am fighting the fact the GC overcharged me. The estimate he gave me, that I never signed, already had inflated numbers. Not including the change order which didn't make sense for the work being done. Closer to the work finishing up, an employee of his put me in touch with another GC who said the project should've cost $6,000 less. Can a small claims court or lien help me prove that?

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