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Can someone file a lien against my property?

Virginia

My wife and I met with a builder in Aug 20 to build a house on my Virginia property. As required by the lender, the builder is to supply a signed contract and other blue book documents such as architectural drawings and floor plans, cost projections, construction timeline, inventory of materials, list of suppliers and subcontractors, profit projects for the completed house for our mortgage. After 4 months, the only thing we received from the builder was a set of drawings/floor plans that were 95% completed when we first met with him. So in Dec 20, because of the delays we told the builder we no longer were going to work with him. We never signed a contract with him. We told him we would pay the architect fees and site plan fees if we got copies of bills and paid invoices. The builder then sent us a bill for $6800 with none of the requested documents. We have not paid this since we did not receive the documents we requested. Now he is threatening to put a lien on the property. Can he do this?

1 reply

Feb 24, 2021

If the builder has not "improved the property," meaning that it has not done any work at the site, any lien would be contestable based on likely overburdening of the property. The builder could record a lien, but under the above scenario it is not likely to be an enforceable one.

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