Menu
Home>Levelset Community>Legal Help>Can I have a lien field on my

Can I have a lien field on my

MichiganConstruction Contract

Hi I am in the process of building a new home. I hired a friend to do some tile work for me who operates through his fathers license. Things have gone upside down and I asked him not to comeback and told him I would hire someone else to finish the project at his expense. We have no signed contract but did talk via text. He is now demanding full payment or he is going to lien my property. Is this legal? I am also not the general contractor on the project.

2 replies

Nov 5, 2020

I'm sorry you had a falling out with your friend. From the facts presented, the tiling contractor will have difficulty enforcing a construction lien against your home where he is (a) not licensed, and (b) did not utilize a written contract for the work. These limitations won't stop him from recording a construction lien, but they will present obstacles to enforcing the lien in court. And by obstacles, I mean defenses you, as the homeowner, will have to the tile subcontractor's legal efforts to enforce a construction lien.  

If you are able to patch things up with your friend or come to some compromise agreement on what he should be paid, be sure to get a Full Unconditional Waiver of Lien in exchange for any payment that represents the "Full and Final Payment" (add those words to the memo field of the check). LevelSet should be able to provide you with the Full Unconditional Waiver of Lien form.   

0 people found this helpful
Helpful
Nov 5, 2020
If the tile contractor is not properly licensed, he may be prohibited from recording a lien against your home or taking other action to collect the amount claimed due. I would be happy to discuss this matter with you further. Please give me a call at (517) 881-2468.
 
0 people found this helpful
Helpful