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Is the Contractor's Claim of Lien valid if they have not done the job, but they claim they have done it?

Illinois

On June 1, 2020, Forever Clean Gutters came to give me an estimate to repair damage done to my gutters and downspouts on the entire house. The estimate came to $4,100.00. I signed the agreement. Today(11/24/2020), I received a Contractor's Claim of Lien in the mail from Forever Clean Gutters, for" services, labor, materials, equipment, and/or work provided by the claimant: 162 Ft of Gutter Guard Protection, 25 Ft Gutters, 22 Ft Downspouts & Misc. Materials." Amount of claim: $4,100.00, Contract type: Written, Date of Contract: June 1, 2020, Date of Last Furnish of Services: June 2, 2020." Then it says: Property: Services were furnished in the improvement and/or construction of real property..." The fact is that the services were never furnished. The property remains with the damaged, hanging gutters and spouts. The property is owned by my parents, Rodolfo and Adriana Membiela, whose names appear on the Lien and are now both deceased, and I am Adriana Davis, their daughter, who took care of them them for the past 20 years at this address. BTW, I am unemployed since July 2020. What can I do in this situation???? The contract stated that they would get paid upon starting the job ( which they never did, as they claim on the Lien)Please help me!!

2 replies

Nov 25, 2020

Did you receive an actual recorded lien? That is not clear. There cannot be a valid lien if the work was never performed. I suggest you consult with an attorney to review the document you received from the contractor. As an aside, you do not identify when your parents passed, but you should clarify title and make certain that there is valid title; and you should also consult an attorney on that issue.

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Dec 4, 2022

A gutter system is a relatively inexpensive way to protect your home and should be taken seriously. Don't put it off until next year or wait until heavy rains start flooding your roof. Because by then it will be too late.gutter
cleaning rockford il
 

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