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Can a property owner use a mechanic's loan on a fully paid contractor that will not finish the work?

IowaMechanics Lien

We paid a contractor half of his asking price and he began work replacing and repairing our front and back decks on our private one family home. He asks as a favor to pay off the balance, which we did and we have not seen him on the project since. We have communicated with him regarding this, but his replies are of course sketchy and vague. Can we use a mechanics loan to recoup our losses?

2 replies

Aug 25, 2021
No. The remedy would be a lawsuit for breach of contract.
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Aug 25, 2021
Unfortunately not. The Mechanic’s lien statute is only for contractors to file a lien on a property for work completed for which they haven’t been paid. Your options would simply be to file suit in either small claims court or Iowa district court, depending on how much money is in issue, in the county where your property is located.
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