Is this correct?

3 months ago

I furnished labor and materials for the contract, the gentleman refused to apply for any permits from the city at all, when confronted about this by the city, was then shut down by the city for no permits, he then literally told me since he couldn’t do anything, he wasn’t then going to pay me for the work already done. My contract States he was to apply and have all permits by him, do I have a lien ability in this situation??

Attorney Nelson Mullins Broad and Cassel
13 reviews

Whether you have lien rights depends on a few things. Assuming you were properly licensed to perform the work and are still within the 90 day time limit for filing liens, then you probably do have a lien right. There is some authority out there for the idea that a contractor should not be able to receive payment for work performed without a permit, but if the homeowner was supposed to obtain the permit, I think you can and should be able to work around that. You probably should consult with an attorney and have them take a look at your contract to see if the lack of a permit impacts your right to payment.

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