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Home>Levelset Community>Legal Help>Contractor was negligent damaged our new driveway ripped out electric, snd broke lock on gates , slso pulled a 12 t12 ty

Contractor was negligent damaged our new driveway ripped out electric, snd broke lock on gates , slso pulled a 12 t12 ty

New YorkMechanics LienRight to Lien

Contractor damaged ($ 12,500 ) property job was $8500 , we stopped payment on ck filed with our homeowners ... contractor promised contract but came and began work unannounced! No contract, found he is unlicensed and no insurance had to call file police report he’s harassing us ! Will take the cost of insurance payment plus $ 5000 to correct damages caused ! Can he file a m mechanics lien ?

1 reply

Sep 26, 2019
The answer to can somebody file a mechanics lien is nearly always yes. Recorders offices rarely work as gatekeepers to deny filing to invalid, incorrect, unenforceable, or even fraudulent liens. The answer to whether a party who has caused significant damage to a property (in excess of the improvement value), has no written contract, and who has required a homeowner to make both an insurance claim and call the police is a different calculation. Generally, a construction participant who has furnished labor or material in the improvement of property is entitled to file a mechanics lien. There are multiple rules, regulations, and requirements that must be met in order for the lien to be valid and enforceable, however. When property is damaged, there is a breach of contract, or there are other circumstances which result in the contractor owing more than would be owed to him/her a lien would likely be inappropriate since there is not any money due for the work performed. While very few states actually require a written contract, New York happens to be one that does. While, as stated above, the lack of a written contract may not work to keep an unscrupulous party from filing a mechanics lien in the first place, it likely will render any potentially filed lien invalid and unenforceable. If a lien has been threatened, some communication with the contractor may be worthwhile to let the contractor know that a lien would be inappropriate in this situation, any filed lien would be invalid and unenforceable, filing a fraudulent lien may open the contractor to liability, and an action to remove the lien would be immediately initiated. New York law provides a method for the prompt removal of a facially invalid lien, in its Lien Law § 19(6), although it would likely be worthwhile getting a local attorney to guide you through the process, if needed.
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