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Lien on home.

I am the homeowner who signed a contract for someone to remodel my home after it was damaged. contract stated all materials and labor were included in the quote.Only way they can change is if it was in written request. We are at the end of four months on a two month job. Contractor is trying to force me to sign a new contract for my insurance to pay more and for me to pay more. I was threatened that if I do not pay the difference if they will put a lien on my home and remove stuff from my house they put in here. My insurance company refused to pay any more instead of the Contractor saying they’re going to sue me even though they have not finished the job. I have copies of the contract, photos, and voice recordings of conversations of threats of placing a lien on my home.

1 reply

Jul 8, 2020

A contractor isn't entitled to unilaterally change the contract price. And, mechanics liens are only available to the extent that payment is owed but hasn't been paid. If a contractor opted to file a lien claim for amounts in excess of the contract price, that lien should be invalid and unenforceable. In fact, exaggerating a mechanics lien can result in liability for the contractor. § 66-11-139 of Tennessee's lien statute states that willfully and grossly exaggerating the amount on a lien claim can result in the loss of the lien, expenses of the injured owner, and attorney fees for the injured owner. What's more, a contractor likely won't be particularly successful filing a lawsuit for amounts over and beyond what they're owed. If your contractor is trying to intimidate you into paying more, letting them know that you understand your legal rights could help to make them stand down. Sending a demand letter requiring them to cease attempts to file a lien or a lawsuit could be particularly effective, especially when sent via attorney letter. Regardless, consulting with a local Tennessee construction lawyer would help to clarify whether potential claims or legitimate or bogus, as well. Finally, these articles should be helpful too: (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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