No contract for a deck project. Company did shoddy work that is not up to code and will need to be torn down and fixed. We thought they pulled a permit and they did not. Can they file a lien for non-payment of the remaining balance we will not pay?
1 reply
Nov 11, 2020
They can file a lien, yes, but that is a separate question from whether they will be able to succeed in establishing and enforcing that lien. It sounds like they will face major hurdles in attempting to do so. That said, 10 M.R.S. § 3252 provides as follows: “If the labor, materials or services were not furnished by a contract with the owner of the property affected, the owner may prevent such lien for labor, materials or services not then performed or furnished, by giving written notice to the person performing or furnishing the same that he will not be responsible therefor.”