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How do I refute a false lien worth $600? Paid a Painter 1/2 upfront, he left the work incomplete and wants full amount

OklahomaMechanics Lien

I had a painter come work for me on my private property. Contract was agreed for $1200 for the painting project and half was due upfront which I paid. Painter left most of the work undone and refused to come complete the job he initially agreed to claiming it was more work than he thought (Contract was sent by him endorsing the nature of the Job) I have sent him pictures of undone work yet he claims that he wants to file a construction lien on my property knowing my house is coming up for sale. (Painter has also expressed interest in purchasing my house and even brought his family over for a walk-through) I am having to contract the remaining of the work over to another painter since he has refused to return to complete the work. What can I do in this case?

1 reply

Apr 6, 2020
The threat of a mechanics lien is a serious matter. So, before going too far, this article should be useful: I Just Received a Notice of Intent to Lien – What Should I Do Now? Anyway: mechanics lien rights are available to those who perform work but go unpaid for that work. But, they're only available to the extent that the work actually done isn't paid for. So, if a painter hasn't completed the work - they can't file a viable mechanics lien for full payment. With that being said, the lien could still get filed with the recorders office. Plus, liens can be filed even if there's a dispute over what's owed. However, if that lien were to be challenged or if the claimant attempted to enforce their lien, an owner should be able to successfully challenge that lien claim.

How to fend off a mechanics lien before it's filed

Once a mechanics lien has actually been filed, there are a number of potential defenses to the lien claim - like bonding off the lien, challenging it, filing counter-claims, etc. But, before the lien claim has actually been filed, there's little official action that can be done to defend against the lien. Threatening to take legal action can be an effective way to fend off a lien claim, though. Sending a demand letter - potentially via attorney - that demands the would-be lien claimant stand down could be effective. This is especially true where the owner points to specific legal claims they'll make against the claimant if the lien does get filed. So, if the dispute seems to be escalating, consulting with a local Oklahoma construction attorney may be useful. Finally, keep in mind that the dispute over a lien claim will typically cost far more than $600 to resolve. So, going to the negotiating table might not be the worst idea. Offering partial payment for the work that was done might be enough to have the dispute tossed aside.
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