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How do I file a lien against a contractor that reneged on a contract?

MississippiRight to Lien

I am a home owner. We hired a licensed contractor to renovate a property we purchased. He walked off the job with the contract less than 1/4 fulfilled. Additionally, the work he did was shoddy. Can I file a lien against his company? What is my legal recourse?

1 reply

Jan 24, 2020
Mechanics liens are a legal remedy for those who go unpaid for providing labor or materials to a work of improvement. This provides them with an interest in the property that was improved as security for payment. Unfortunately, this doesn't work the other way around. As far as recovery options, there are more direct ways to recover against those who have contractual privity (i.e. a direct contract with the other party). One effective route may be to file a breach of contract or breach of warranty claim. Depending on the amount, you may be able to do this on your own in small claims court. However, in Mississippi, small claims courts are limited to disputes under $3,500. If amount in dispute is over this, then these claims will have to be filed in civil court; which will necessitate hiring an attorney to help guide you through the process. We do have some Mississippi attorneys in our Expert Center community, or you may want to look into Avvo.com to find an attorney in your area.
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