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How does a home owner dispute a lien filed for work that was incomplete and poor quality?

MichiganDefectsMechanics Lien

I had a masonry contractor repair a brick porch on my house. The repairs are of unacceptable quality, and some areas needing repair were not completed. the contractor sent their employee twice to supposedly address this, but they only made the situation worse, and still did not complete the repair. Now they are filing a lien as i refuse to pay for unsatisfactory work. There was no written contract. How do I challenge the validity of the lien?

1 reply

Oct 14, 2021

Based on what you stated so far, the lien is "valid". Rather, you are disputing the amount due. In other words, you agree that work was done. So, the contractor is entitled to be paid something. But there is a dispute, between you, regarding how much the contractor should be paid. Either way, all disputes regarding foreclosure or discharge of liens must be brought in the Circuit Court for your County. You can file suit now, seeking to discharge the lien. Or you can wait for the contractor to bring suit to foreclose on the lien. However, if no action is filed for more than a year after the lien was filed, it expires. So, you could also wait to see what happens. My recommendation is that you contact the local building inspector to look at the work that was done. This is often the quickest way to settle a dispute. Keep in mind that the duty of a contractor is to complete their work in a manner which passes as acceptable within their trade. There is no duty to be perfect or to "satisfy" the owner.

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