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Can a mechanic's lien be filed against us?

Tennessee

A roofing contractor has sent us a bill for "work done and cancellation fee" after we declined their estimate because they wouldn't give us a cost breakdown of the estimate. They sent an employee to our site 3 times to measure our roof. Then ordered the materials without our say so. We've signed nothing but they say that we had a verbal agreement, which we did not because they refused to give us an itemized estimate. Now they are trying to charge us 10% of their estimate and threatening to place a mechanic's lien. Do we have to pay this?

1 reply

Mar 11, 2021

Whether or not you're required to pay the bill and whether a potential lien would be valid are two separate questions. Granted, they may have the same answer here.

Regarding a lien claim - generally, mechanics lien rights are only available to the extent that payment is owed for work done improving the property. So, if no work was done, then a mechanics lien likely should not be available.

As for whether or not any payment is owed - if nothing was signed and if there was no understanding that a fee would be owed for the estimate, then payment is likely not owed for that estimate. But, if there was any kind of understanding or agreement that some fee would be charged for the estimate, then it's possible that the bill would be valid, even if lien rights wouldn't be on the table.

It sounds like this article may be useful to you: I Just Received a Mechanics Lien Threat – What Should I Do Now? 

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