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Can a homeowner file a lien against a contractor's company?

I am a home owner. We hired a licensed contractor to renovate a property we purchased. He walked off the job with the contract less than 1/4 fulfilled. Additonally, the work he did was shoddy. Can I file a lien against his company? What is my legal recourse?

1 reply

Jan 30, 2020

While there are many different types of liens or security interests, mechanics liens are specifically provided as security for parties who furnish labor or materials to construct or improve real property. These liens attach to the property being improved, not the property owner or any individual party who actually owes money to the claimant. Accordingly, a mechanics lien is not an appropriate remedy 1) when the claimant didn't furnish labor or material in construction, or 2) when there is no improved property to which the lien can attach, or the lien is intended to be filed against a specific party. In the event a contractor fails to fulfill their obligations pursuant to a contract - the general recourse is a breach of contract action. Depending on the particular circumstances, there may be other causes of action, as well. But, the general take-away is that a lawsuit is likely the most appropriate path towards an acceptable remedy. You can look for Mississippi attorneys here, or through a local bar association's website.

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