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I am a Florida attorney with property in Maine and a contractor worked off job and filed a mechanic's lien

I need to know my rights after a contractor walked off job and then filed a mechanic's lien. This occurred right after the pandemic started. He had recorded a lien and now has sent a notice to foreclose but not filed a suit. What can I do to respond?

2 replies

Jun 4, 2020

If the claimant was unpaid for work they'd performed, the lien claim could be valid and enforceable - and walking off the job wouldn't necessarily change that. However, the claimant won't be entitled to file a mechanics lien for work they haven't done - and if they have done so, their lien is very likely invalid and unenforceable. Plus, it might even rise to the level of a fraudulent lien filing. Though minor issues or honest mistakes won't necessarily ruin a lien claim. As for how to respond, there are a number of different routes that could be appropriate. Levelset discusses some of those options here: A Mechanics Lien Was Filed on My Property – What Do I Do Now? Generally, it'd be wise to consult a Maine construction attorney for help assessing the merits of their claim. And, deciding on whether to settle the matter, to challenge the lien, or to file your own claims against the claimant will be up to you.

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Jun 4, 2020

Difficult to find an attorney during the pandemic and civil courts closed except for emergencies. Is pandemic a force majeure event?

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