I hired a contractor to do work on my home. He never provided me with a contract - just an unsigned "Scope of Work" document listing the work to be done with one grand total at the bottom. I paid him a little over 1/2 of the grand total at the beginning of the project. We have now had a falling out, and he has refused to complete the project. He is now demanding the final payment minus some credits for the work that remains. The problem is he and I disagree on the scope and cost of the remaining work, and he is threatening to place a lien on my home. What are my options if he does put a lien on my home? Do I have any options to dispute the lien? Can I fight the lien? Can he place a lien on my home with a signed contract?
Yes, if a lien is filed, you can fight it. Under Missouri law, the contractor should have provided a contract with the following in 10-point bold font:
NOTICE TO OWNER
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.
Compliance with that requirement "shall be a condition precedent to the creation, existence or validity of any mechanic's lien in favor of such original contractor. "
If enough money is at issue, considering paying an attorney to write a stern letter to the contractor advising that the filing of a mechanic's lien would be frivilous and constitute "slander of title."
Hi Ronald. Thank you for your answer. This is the information I was looking for. The contractor did NOT include that verbiage/notice on any of the paperwork he provided. I will definitely consider hiring an attorney to write the letter.
Hi Ronald. One question... the notice you provided in your answer sounds like it applies to subcontractors. Does it also apply to the contractor? In my case it is the contractor who is threatening to put a lien on my home, but he never provided me with any written notice or included any verbiage about liens in any of the paperwork he provided me.
my pleasure
Here's the full statute. https://revisor.mo.gov/main/OneSection.aspx?section=429.012&bid=24008&hl= I heard what you are saying; however, the part that I quoted refers to "any mechanic's lien in favor of such original contractor."
Thank you!
You can try to fight a mechanics lien. However, it’s important to
understand that the lien holder has the legal right to foreclose on your
property if you don’t pay off the lien and/or if you fail to respond to
the lien in any way. So, if possible, it’s best to avoid unnecessary
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challenge the lien itself.
Fight a mechanics lien. However, if you don't pay the debt or reply to it, the lien holder has the ability to foreclose on your property. Avoid excessive legal fees and pay on time dumb ways to die