A friend, ask me to fix her mother's house, her mother doesn't speak English do her daughter is the one dealing with all the renovation. I prepared the proposal that it said ones you sign this proposal it became a contract. But the mother never signs the contract her daughter sends me a text saying to get the job going because she wants her mother back in the house and give us $18,000.00 down then another $2,750.00 (this is an insurance claim job) so when we done 80% of the work the daughter asks me for an invoice date a year old for $30,000 to send to the insurance company so she can get more money from the insurance, I refused to do that and told her that that will be fraud said got mad and remove the key from the key box and don't let us going in and finish the job. she claims the mother leave there but she has rental insurance NOT HOMEONERS INSURANCE. So, my question is, can I put a lien if she never signs the contract but give us the down payment and send a text that authorized us to do the job?
Hello,
You have a number of problems here. The first is that if the property is owned by a landlord and not by either of the people that you actually dealt with, your lien would have to be a leasehold lien. A leasehold lien, if you win in court, allows you to step into the shoes of the leaseholder. You could become the tenant under the same terms as she is with the landlord.
Instead, consider suing her in District Court without the lien. You have enough to establish a contract, you performed on your end, they have not performed on their end. You've got enough for breach of contract and probably a few other causes of action.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com