We hired a contractor to do rehab and paid him a portion upfront and he did not complete the work he was paid for. Can I file a nechanics lien against the contractor? What are my time lines?
Project owners are not entitled to file mechanics liens against their contractors. Rather - liens are a one-way street - construction businesses can file mechanics liens against the property since those businesses have provided some improvement to that property. And, while an owner may have a perfectly valid claim against their contractor - a mechanics lien will not be an available tool for recovering what's owed.
Typically, when a contractor has walked away from a job or otherwise owes the property owner, that recovery will need to come from leveraging (i.e. threatening) or actually pursuing some legal process. Or, when a contractor is licensed, making a complaint against that contractor and attempting recovery against their license bond might work. And finally, making a more general consumer complaint with the attorney general's office could help, too.
And finally - a local construction attorney could be really valuable in deciding how to recover payment from a contractor. They'll be able to review the situation as well as any documentation and other relevant info and can advise on how best to move forward with a claim against that contractor.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...