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Can I put a lien against the roofing company

MissouriRight to Lien

I am a homeowner I had a roof done in August total was 4059 paid them in full Roofing crew went through the drywall in my bathroom now the roofer is charging me another $650 and he cost me $800 to fix the bathroom I'm not paying them another penny can they legally put a lien against my home

1 reply

Dec 3, 2020

No, an owner cannot file a lien against their roofing company. Construction businesses are entitled to lien rights if they go unpaid for their work, but that's not a two way street - an owner will never have mechanics lien rights against a construction business working at their property.

As for whether the roofing company can file a mechanics lien - generally, if they've not been fully paid for their work, then a mechanics lien might be filed. It's common for liens to be filed when there's a dispute over what's owed or when there's a dispute over the workmanship on the job, and a lien could be filed when either issue is in play. Granted, an owner is absolutely entitled to fight lien claims against their property, and the owner could certainly successfully challenge any liens filed. It's also worth mentioning that MO requires certain notices in order for mechanics lien rights to be available. So, if you haven't received any notices, that could serve as a good basis for challenging a lien.

If you're in a dispute with your roofer and they've threatened to pursue a lien claim, these artiles should be useful to you: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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