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How can a partner sue with a mechanic lien?

My father and I agreed to flip a house. I bought the house and he would be responsible for the rehab. Our verbal agreement stated that we would split the proceeds based on our monetary investment by percentage. Right before I was to pay him, I was served with a mechanics lien. He made up a bunch of fake invoices to prove his point. How can a partner use a mechanics lien without a written agreement?

1 reply

Jul 12, 2021

Anyone who performs work on private property who has not been paid has lien rights. They are not required to have a written contract. It appears from your email that your father performed work on the property so he technically has the right to be paid. However, you have the right to oppose his lien based on the terms of your oral agreement if he is seeking more than the amount due under the terms of your contract. Unfortunately, because you don't have a written contract, it will be your word against his regarding the amount that is owed.

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