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Contractor did not improve our bathroom, but made it non functional - worse than when started. Can he file a lien?

OhioConstruction ContractDefectsPayment DisputesRight to Lien

We engaged a contractor through Coldwell Bankers RealVitalize program. He was suggested by our listing agent. The remodel was to put in a new tub/shower and tile and new walls. Long story short, he did not finish the job we engaged him for- numerous items from the contract/itemized estimate were not completed. He destroyed an existing window and trim, did very shoddy finish work, left cracks in our walls and put in a new floor that is uneven and bumpy. the re installed toilet is on a tilt and runs. the new shower head is not firmly mounted and the whole tub unit leaks. Another contractor reviewed the work and said it all needs to be gutted due to improper construction. The pipes were left hanging in the wall and not secured to anything or anchored. We did not pay him the second half of the invoice total as the job is sub par, incomplete, and the bathroom non functional. Coldwell's program put the initial deposit down and are trying to recoup that money. Can he put a lien on our home or sue us for the balance?

1 reply

Jul 13, 2020
A contractor can generally file a mechanics lien claim even if there's a dispute over the quality of the work or a dispute over what's owed. That being said, it doesn't mean their claim will be valid. If a contractor has performed substandard work on your home, then that issue could certainly be used when arguing against the lien claim's validity. Sending a contractor a demand letter requiring them to refrain from filing a mechanics lien could be effective, though. If they know you know your legal rights, and if they know you're prepared to dispute their lien, they may be more willing to stand down. This is especially true when you have documentation showing their work was woefully inadequate and that other contractors recommend a gut job. I think these articles will be useful: (1) I Just Received a Mechanics Lien Threat – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now? And, certainly, if it looks like a lien filing or legal dispute is imminent, consulting with an Ohio construction lawyer could be useful. You can begin the search for a lawyer here: Find an Ohio Construction Lawyer.
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