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Home>Levelset Community>Legal Help>Can a painter sue and place a lien on my house for the balance owed when they were fired before finishing the job?

Can a painter sue and place a lien on my house for the balance owed when they were fired before finishing the job?

AlabamaMechanics LienPayment DisputesRight to Lien

We hired a painter to paint several areas of our property (a 20x20 shop, the kitchen ceiling, all internal and external doors, an entire bedroom, and touch-ups throughout). The started but did not finish the shop and kitchen ceiling before disappearing for several days with no contact about when they would return. When they did contact us, we informed them that the job would be finished by another painter. He became angry and said that he would sue us and place a lien on the house for the unpaid balance even though the rest of the work was never completed.

1 reply

Jun 21, 2019
That's a good question, and I'm sorry to hear that this project went sideways on you. Generally, a mechanics lien can be filed when the claimant has performed work to improve the property but hasn't received payment for their work. And, typically, a lien claim can be filed regardless of whether work was completed.

It is worth noting, though, that a lien can only be claimed in the amount that work was performed but unpaid. So, if a lien claimant doesn't complete their job, they aren't able to file a mechanics lien for the full amount of what they would've been owed. Rather, they'll only be able to make a lien claim to the extent that payment was owed but not given for work actually performed.

For more information on how to respond to the threat of a lien claim, this resource has helpful info: I Just Received a Notice of Intent to Lien – What Should I Do Now?
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