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Contractor threatened to file a lien for work he did not perform correctly.

Anonymous Contractor

I hired a contractor to install a specific brand of a high end tankless hot water heater. We agreed on the price for material and labour and the contractor started the work. After the install was done, I noticed that the contractor installed a cheaper version that cost less than the originally agreed water heater. I have refused to pay for any work until the work is corrected but the contractor has threatened to file a lien if I don't pay in 30 days. What are my options in Pennsylvania if the lien is filed?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Aug 5, 2020

Generally, a contractor can file a mechanics lien even if there's a dispute over their work or a dispute over what they're owed. With that being said, an owner can absolutely challenge that lien filing, and, depending on the circumstances, that challenge could be successful. If the lien does get filed, there are a few different courses of action that might be in order. Levelset discusses the options in detail, here: A Mechanics Lien Was Filed on My Property – What Do I Do Now? As mentioned in that article, there are a few different routes for dealing with the lien, including: (1) dispute the lien claim; (2) bond off the lien; or (3) hold tight and wait out the claim. Additionally, keep in mind that threatening to pursue certain action could help force the claimant to stand down. If an owner threatens to pursue legal action against the claimant and can show why the lien is flawed, it might be possible to have the claimant remove their own lien. Of course, every situation is different - meaning an owner's response should be informed by their particular circumstances. For help deciding how to proceed, it'd be useful to consult with a local Pennsylvania construction lawyer: Find a Pennsylvania Construction Lawyer.

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