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Reshuffling of house and contractor quit the job at the job site of my house

UtahMechanics LienRight to Lien

Hello, I recently signed a contract to have my house reshingled and have some wood on the house replaced as it has rotted. I have the invoice and paid 1/2 due upon accepting the bid. As time went on, I ran into problems with the company such as them not notifying me that my cement could be cracked and plants could be “trampled”. So, I asked for precautions to be taken such as having plywood under the dumpster on the cement so it would not crack and not have the truck delivering shingles, on my cement. It was agreed by the contractor it would be manually done. A few days later, the company delivery plywood to my house and it rained for 2 days only leaving 1/2 for it to dry. I asked if this was the wood to be used on my house and at fist they said no but the day of the start of project, they said it was the wood to be used. It was not dried. I voiced my concerns and they said the wood was fine. When the dumpster was backing into my driveway, they ran over items to be used on my house. I took pictures of this incident. They saw me taking pictures and came to my door and told me they were not going to do the job. They took all material and gave me a full refund by check, later that day. Now , I am worried they are going to file a Mechanics lien or something for the shingles that they took that day. No work was done on my house and they terminated the job. I received a full refund of what I paid them. What are my rights? Can they try to say I need to pay for the shingles or anything?

1 reply

Jul 14, 2020
If you documented the contractor removing the construction materials from your site, then they'd be foolish to try and file a lien for those amounts. Mechanics liens can only be filed for the amounts that are owed and unpaid for work performed. Filing a mechanics lien for amounts that aren't actually owed is illegal - and it could result in their lien being tossed aside as well as additional liability. In fact, if a Utah lien claimant files an excessive or improper lien , it's a class B misdemeanor. So, a contractor would be wise to avoid filing an improper lien claim. If your contractor threatens a lien or actually pursues one, letting them know you understand your legal rights and that you're prepared to fight them tooth and nail on the claim could help to prevent them from filing a potential lien claim. But, until a claim is made, it will be hard to take much action. Still, it could be worthwhile to discuss the account with your contractor to ensure everything is squared away. If you receive a lien threat, or if a lien does get filed, these resources 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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