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Home>Levelset Community>Legal Help>Can a tree company put a lien on my house for work that was not done? I needed to cancel the job, but they put in the estimate that there is a 50% cancellation fee. They are threatening to put a lien on my house if I can’t pay the fee. The total cost of the job was 1325.00 plus 105.00 for the permits. I never officially cancelled the job.

Can a tree company put a lien on my house for work that was not done? I needed to cancel the job, but they put in the estimate that there is a 50% cancellation fee. They are threatening to put a lien on my house if I can’t pay the fee. The total cost of the job was 1325.00 plus 105.00 for the permits. I never officially cancelled the job.

FloridaMechanics LienRight to Lien

Can a tree company put a lien on my house for work that was not done? I needed to cancel the job, but they put in the estimate that there is a 50% cancellation fee. They are threatening to put a lien on my house if I can’t pay the fee. The total cost of the job was 1325.00 plus 105.00 for the permits. I never officially cancelled the job.

1 reply

Sep 16, 2019
In order for mechanics lien rights to arise, there must generally be some actual improvement to the project property. So, if there's been no work performed, that will typically mean that no mechanics lien rights will be available. This is true even if there's some amount owed under contract. While there may be payment owed, that payment cannot be secured by a mechanics lien if no work was done. So, while legal claims might be available against an owner who has refused to pay fees under a contract (like a breach of contract claim), it'd likely be improper to pursue a mechanics lien if no work was done. And, note that filing a questionable lien in Florida is risky business. Filing a fraudulent or exggerated  lien claim in the sunshine state could actually result in a felony. For information on how owners often respond to the threat of a lien filing: I Just Received a Notice of Intent to Lien – What Should I Do Now?
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