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Defense against Mechanic's Lien

VirginiaMechanics LienRight to Lien

A licensed Virginia contractor was hired to complete interior painting of a home. The contract was entered with and signed by the home owners live in domestic partner. The contractor provided a timeline of 3 days to complete work. The contractor's workers did not complete quality work and damaged the home owner's personal property while painting home interior. Many walls were required to be repainted several times as a result. The home owner's domestic partner advised the contractor of his worker's poor quality and work ethic and on day 4 of work, the contractor replaced the workers with a different 2-person crew. On day 5, the new crew completed some painting but was unable to complete touch ups and additional repairs, because the contractor furnished the incorrect paint to the workers. The crew completed their task as much as able. The contractor came to the home to discuss additional concerns with the home owner's domestic partner. After deliberation and frustration, the contractor told the domestic parter that due the workers not completing satisfactory work and time availability of the domestic partner limited, the contractor verbally stated (in front of 3 other parties) he would accept the intial provided deposit as a full payment and would take the loss. The contractor collected his things and vacated the property in a hurry. The contractor then filed a mechanic's lien against the home owner for the remaining balance of the work. What options are available for the property owner considering the contractor made a verbal statement of not requiring any additional payment.

1 reply

Oct 22, 2019
While this is a very fact specific scenario that cannot be fully analyzed here, your first question will be whether the lien was filed in a timely manner per the statute (i. e. within 90 days of last work).  There are other defenses to the form of the lien, etc. that can be explored as well.
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