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Lien threat

Rhode IslandRight to Lien

I hired a local landscaping company to do some work on my yard. They gave me a price, which I paid in full (I have the record of the cashed check). There was only a verbal agreement. After writing an unfavorable review of them, they are now claiming they could have charged me more for the work done, and are threatening to put a lien on my home. Do they have any actual recourse to do so? I’m in Rhode Island

2 replies

Jun 2, 2020
Mechanics lien rights are only available if payment hasn't been made for the work provided. A lien claimant cannot file a valid and enforceable mechanics lien simply because they could have charged more for their work, and they certainly can't file a lien claim purely out of retaliation if they've been paid what they charged. With that being said, it doesn't mean they won't try. It's possible to get a mechanics lien recorded even if that lien is ultimately invalid or even fraudulent. However, if that's done, owners have recourse - they're generally able to file suit against lien claimants for bogus claims, and serious damages and penalties come into play for fraudulent mechanics lien claims. As a result, one way to fend off improper mechanics lien claims is to threaten legal action if the lien does get filed. In any event, if lien claims seem imminent, it'd be wise to consult with a local construction attorney for their advice on what steps to take. Additionally, these articles should be useful: (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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