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Can the contractor file a lien based on these circumstances?

VirginiaMechanics Lien

If my contract states the completed projected should have been approximately Nov. 21, 2019, but the contractor walked off due to dispute a few weeks ago and now claims I still owe him $8,000 for work done (with no itemization of what this is for), can he file a mechanics lien if I disagree that I owe him this. I already paid him up to the point of where I thought I should have for the work he already did and I told him he had already breached the contract because he went this far over the date agreed upon, especially since he had no valid reason for delay. I asked him to just leave the job in the past, but he kept working into the next draw (despite me texting him that I was not going to pay him, mostly due to being so far behind and never working on schedule, etc.). I just need to know if he has a leg to stand on.

2 replies

Feb 24, 2020
The short answer is yes, the contractor can file a lien.  However, it would need to have some basis and would also have to be done within the requirements of the Virginia code (within 90 days of last work, etc.).  Absent some burning need to remove the lien (selling house, financing, etc.) and if you could wait 6 months to see if he would enforce it, $8K is a small amount to be filing in Virginia Circuit Court to enforce a lien.  In sum, he could record a lien subject to your defenses and unless he wants to enforce that lien in Circuit Court over $8000.00 the lien wouldn't do much in my opinion. This is of course a general opinion that can't really be seen as legal advice specific to your situation because the specific facts could easily change the analysis, but that's my 2 cents.
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Feb 24, 2020
Thank you so much; your answer is much appreciated!
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