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Can a plumber file a lien

UtahMechanics Lien

A plumber installed new showers and vanities in my house. They did not properly install the showers leaving big gaps and leaking as well as all the sinks were leaking. I am in the process of getting all of those things fixed and collecting the documented cost bids, so I know the total cost I am out before I settle the payment with the original plumber who seems to not know how to do plumbing. He is threatening a lien. Can he put a lien on my property? What laws are there to protect the homeowner from situations like this? What is my recourse?

1 reply

Nov 4, 2021

If your contractor filed a timely preliminary notice, and the time to record a notice of lien has not expired, then, yes, your contractor can record a lien. If not, then, no, your contractor cannot record a lien, but still may have a breach of contract claim against you for non-payment. You may also have a breach of contract claim against your contractor for failure to perform all contracted for work. It seems that you and your contractor dispute what was required and what was performed. You either need to come to an agreement with your contractor out of court regarding the amount due (either from you to your contractor, or from your contractor to you), or if you cannot resolve it out of court, then it seems likely that one of you will may bring a lawsuit against the other (which may include breach of contract and/or lien claims), and the court can decide who owes who, and how much.

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