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Home>Levelset Community>Legal Help>Due to violations currently standing with my house roof, is the contractor still able to file a lien against my home?

Due to violations currently standing with my house roof, is the contractor still able to file a lien against my home?

MichiganMechanics Lien

Hello, I had a terrible storm hit my subdivision, causing major hail damage to my home and garage. I hired a contractor back in early 2020. He was a door-knocker insurance contractor. He played a sob story of he is a single dad, raising his daughter on his own (she was with him). I too am a single parent, so I hired him for the job. I thought I was doing the right thing, but it turned out to be a homeowners worst nightmare. It took the John (contractor) over 8 months to complete 2 Roofs (house and garage), gutters (house and garage), a very small section of siding on the back of my house and awnings on the house (another company was hired to do). I have multiple violations per the city building inspector on my roof (house), currently. There is also work per the insurance estimate that was not completed by John, including no materials were ordered to perform the work. The contractor is currently sending me threatening and harassing text messages. And of course he is threatening to also put a lien on my house. I paid John almost $9900 the insurance company issued as the depreciation check, the full amount in the check. He is stating I still owe him $4600. The breakdown is $1942 from the materials check issued from the insurance company (for work he did not complete and poor craftsmanship), $1692 that is my deductible, even though he told me verbally he would take care of that. He did not subtract $300 for having his sign posted up on my lawn for 5 months. And $973, an additional check issued from the insurance company for the awnings that have already been paid in full to John and to the awning company. Due to the violations currently standing with my roof, is the contractor still able to file a lien against my home?

1 reply

Mar 30, 2021
Yes. The window to file a lien is only 90 days. So, if he wants to file a lien, he must do so. Getting paid is another story. If the contractor brings an action to foreclose on the lien, that is when you discuss all the outstanding issues. The contractor has the right to be paid. What you will be litigating is "How Much?"
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