I paid an assessment to a corporation and the officers didn't repair the roof as per agreement and caused my apartment structural damages. The officers breached the contract.
1 reply
Feb 13, 2019
That's an interesting question. For the right to file a mechanics lien to arise, very typically, construction work must be performed then unpaid - and the right to file a lien will lie with the parties who performed work on the property. In a situation where no work is performed and where the prospective claimant was not hired to perform construction-related work, a mechanics lien would probably not be appropriate. That doesn't necessarily mean that some type of lien or encumbrance isn't available, and it definitely doesn't mean that there isn't some tool to recover damages for the failure to perform work, of course. It's entirely possible that a company hired to do work who then fails to do that work, resulting in damage to the property, could be held liable for the damage. However, that's a little bit outside of our wheelhouse at the Construction Legal Center, and it would be hard to know what damages might be available without first reviewing the relevant documentation. For clarity on what options might be available, consulting a local construction attorney could help. They'll be able to review any documentation or other information relevant to your situation and provide advice on how best to proceed. Alternatively, lawyers are available from a multitude of practice areas to answer questions and provide legal information and advice at avvo.com.