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How can I dispute a Mechanic's lien

Ohio
Anonymous Contractor

Hi, I'm a property owner who hired a contractor to remodel a full bathroom and convert a half bath into a full bath. The contractor stated it would take 13 days, the cost would be $7,500, I paid him $2,000 to start. 31 days later the project has not been finished, and the work was unsatisfactory, from poor wall finishing, electrical outlet updating outlets not flush with the wall, tile work uneven, chipped, incorrect use of materials, niche improperly installed on the bathtub and floors, really a lot of improper work and installation. I told him I was not satisfied with the work and he stated that he wanted to be paid even though he knew the work was not good, he said it was not that bad and he was not good with tile work. I told him I'm not comfortable with paying him, but I wrote him a check for $4,800 because he was getting hostile. Then I later texted him and said I was putting a stop payment on the check because the work was not satisfactory and I have to get the job completely redone. We communicated back and forth via text message and by phone a few times, then he filed a mechanic's lien, now I need to know how to dispute the lien. Thanks

1 reply

Attorney at Fortney Law
| 77 reviews
May 11, 2022

Mechanic's liens can only really be disputed through a court proceeding. In such a proceeding, someone in your position could claim that the lien was improper (for the reasons you stated, defective work, untimely, etc.). The problem is that the contractor may bring his own claims for breach of contract, etc. 

In situations like this, my recommendation is almost always to send a notification to the lienholder to commence suit on the lien. Under the mechanic's lien law, after this notification is sent to the lienholder, the lienholder (the contractor) has 60 days to commence a lawsuit to foreclose on the lien. If the lienholder fails to commence suit, then the lien is void and the property is discharged from the lien.  

There is a risk associated with this technique, as it could get you embroiled in a lawsuit, but if you do need to remove the lien you are left with really only this choice or a lawsuit, so this choice makes it possible to avoid the lawsuit and puts the filing fee and other requirements in the lap of the lienholder, rather than you. 

Answers to questions are for educational and general information purposes only, and are not meant as legal advice. No attorney-client relationship is formed
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