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?
1 reply
Nov 7, 2019
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.