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Can I block a mechanic's lien?

North DakotaMechanics Lien

I own a UPS Store that was to be modernized. The construction time was supposed to be five weeks long. Because of delays from the manufacturer of cabinets and various components needed to complete the project, the construction is still not complete (one month PAST the original completion date). The contractor has requested a payment of approximately $100,000.00 (approximately 2/3's the total price) for work completed to date. Since the construction is not complete (no completion date in sight) I am reluctant to pay that much money to him. I've offered to pay $30,000.00 at this time but he says he's going to file a lien and "foreclosure" actions. It's my understanding under North Dakota law that any payments towards the construction costs precludes the General Contractor from placing a lien on the work. Is that correct? Thanks, Leo Mora leomora8@yahoo.com

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