How to stop Lien

IdahoConstruction ContractMechanics Lien

In Idaho a electrical contractor gave me a verbal bid of 2800. He tried to bill me for twice as much and still had not completed the job. Then I had to hire someone else to finish it because he was demanding I pay another 2000 before he finished and discovered he did it wrong ...he had electrical plan and there shouldn’t have been any ?’s. Have proof of emails before work etc. He held up progress of the job and lost me a lot of money overall. He never said there was going to be a change order in cost. Walls closed and painted and he then he was exposed that he did it wrong. Now he’s putting a lien on my house after I’ve already paid him 3/4 of the project fees in progress payments. I have to pay at least 2500 to get it done to code. What do I do?

1 reply

Jul 16, 2020
Contractors can pursue mechanics liens even if their work is in dispute and even if there's a dispute over what they're owed. With that being said - it doesn't mean the property owner can't successfully challenge such a lien claim. If a contractor has overstated what they're owed, or if their work was seriously flawed, then an owner could successfully dispute the lien. And, if it's obvious the lien claimant filed a fraudulent lien or intentionally exaggerated their claim - the claimant may end up being liable for damages and criminal penalties could come into play, too. Plus, you could also bring other legal claims against your contractor, as appropriate. There's not much an owner can do, procedurally, to block a mechanics lien filing. But, sending a demand letter which requires the lien claimant refrain from filing their lien could be effective - especially when you can cite why the lien would be bogus and what legal claims you'll bring if that lien does get filed. That could be especially effective when sent via attorney. Once the lien is filed, bonding off the lien or filing an action to challenge the lien would be two strong options for responding to a lien. Finally, I think these two articles should be useful: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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