Can the company file a Lien against my home

2 weeks ago

I had my foundation repaired recently and during that process they overlifted a portion of the foundation and caused damages to the interior tile and exterior brick . The cost of fixing the damages are significant. We had hired a structural engineer to look at the foundation repair. In his report he says that the foundation was overlifed and has caused damage. Foundation company was only offering $1500 to offset damages while the cost was more in the range of five to six thousand dollars. They said that they would file a lien against my home since I did not agree to their settlement. They also said that the lifetime warranty would be void if I took them to court. I have paid half the amount. What should I do to remedy my damages? Can they file a lien on my primary residence( the only one I own in which I now live)? We had a written quote from them but have not signed any papers accepting any terms and conditions? Is fighting a lien harder than paying them and than taking them to small claims court? Please advice what my next steps should be. I would not want this to be a long drawn out process

Guest
Anonymous

Thank You for your help in this matter

Attorney E. Aaron Cartwright III, Attorney At Law
5 reviews

Hello,

Let’s see if we can unpack those questions.

Can they file a lien? They can only file a lien for unpaid work. If you have paid all of what you owed them under y’all’s agreement, they have no basis for a lien.

A written quote and allowing them to come on to your property is sufficient to create a contract. There was an understanding that there was a payment to be due for work done. That’s all I can say without looking at what was provided with my own eyes.

I cannot answer the question about paying being harder than fighting in court because I do not know your financial situation, how much they’re charging you, and where you are (small claims courts are hard to predict). Personally, my job is to fight things in court so I’m biased. But if you are serious about taking them to court, perhaps completing payment is not the best course of action although that may result in a lien. That is entirely up to you, though.

Your next steps should be to contact an attorney. While we can give some high level explanations here, your situation requires an analysis of the facts of your specific circumstance. If you would like to schedule some time to talk, please contact me at Aaron@EACLawyer.com.

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