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Can this lein be filed?

I wanted my driveway expanded. I hired contractor a. He came out the first week of may, laid the forms and rebard. As may went on the concrete was never laid, I kept getting execuses why. By june 15 my money was refunded in full. I ended up going with another contractor to complete the job. Earlier this week contractor a shows up to my house with concrete, without a word to me, and is angry because the job is done. He calls me and says that I owe him for the forms and rebarb...even though he has refunded my money, and if we cant come to an agreement he is placing a lien on my house. Can he do this? And what happens if he does? Will i be notified legally if he does?

1 reply

Jun 29, 2018

I'm sorry to hear about that. It's bizarre that the contractor would return aloof after refunding the amounts paid. First, when terminating a contract, it's always wise to get the termination in writing. If a written termination was provided, it might be easier to prove that the job was abandoned. Anyway, whether a prior contractor will be entitled to lien might depend on how much of their contract they refunded. If a contractor performed some work and received no compensation, then that contractor might be entitled to file a lien for the work performed and uncompensated. However, if the contractor has received payment for all work performed, they will likely not be able to file a valid mechanics lien. It's worth noting, though, that regardless of whether the lien is valid it can likely get filed - county recorders often have neither the bandwidth nor the authority to investigate individual claims. Of course there are penalties that may come into play when a lien is fraudulently or improperly filed. Anyway, if a lien is filed, the claimant must notify the owner of the liened property either prior to the recording of the lien or within 15 days of its recording. Failure to do so will render the lien voidable to the extent that the failure is shown to be prejudicial to any person entitled to rely on such service. Ultimately if a lien is filed, there are a number of available options, some of which we discuss in this article: A Mechanics Lien Was Filed on My Property – What Do I Do Now? But when a lien filing has occurred, it's be wise to consult a local construction or real estate attorney to decide how to move forward. They'll be able to look to the specifics of your situation and provide a more clear path on how to move forward.

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