Hello. Can a contractor lien be placed my home if work was not done?
6 replies
Dec 16, 2021
Generally, speaking you cannot lien for work not performed. If you wish to challenge a construction lien you can do a couple of things. Send a demand letter for the lien to be removed - letter will likely be ignored. Send a Request for Sworn Statement of Account. Lienor has 30 days to response - if they do not they lose the right to enforce the lien. Record a Notice of Contest, reduces the 1 yr to file an action to 60 days. A bit risky since you are basically challenging the lienor to sue. Finally, you can file the lawsuit for an order to show cause to get the lien discharged. You should consult an attorney in your area to help you navigate in more detail these possible options.
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Dec 16, 2021
Are you able to help me?
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Dec 16, 2021
We can. Call 904-822-8001 and set something up with my assistant Michelle.
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Dec 16, 2021
Set for January 12th at 2pm
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Dec 29, 2021
If nothing was done to improve the property, then no. If preliminary work – plans, pre-construction activities, etc. – were part of the contract, then maybe.
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Dec 29, 2021
No. There’s a tool called a notice of lien contest that can be used to shorten the time for the contractor to file to foreclose the lien, that will cause the lien to expire within 60 days of service on the contractor. That or send a letter demanding the contractor file a notice of satisfaction of lien, or you’ll file a fraudulent lien action.