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Threat with lien

Hello, I stopped a patio construction when I realized the work was poorly being done and when I was denied a contract for the nd part of payment. Now I'm getting threatened to get a lien placed on my house. All I am asking in a contract and his license to go through the insurance to file a claim but he refuses to provide me with one. What do I do to end this nonsense

1 reply

Aug 10, 2020

A valid contractor's license is required under Virginia law to have a valid mechanics lien claim. This is specifically set out VA Code. Ann. §43-3(D), "A person who performs labor without a valid license or certificate issued by the Board of Contractors pursuant to Chapter 11 (§54.1-1100 et seq.) of title 54.1, or without the proper class of license for the value of the work to be performed, when such a license or certificate is required by law for the labor performed shall not be entitled to a lien pursuant to this section." Furthermore, the lien filing process also specifically requires the contractor's license number to listed on the lien claim. You can head over to the VA Department of Professional and Occupational Regulation website to not only perform a search if the contractor is licensed, but can also file a complaint. If they performed construction work that requires a license, they may be subject to fines and potentially guilty of a Class 1 misdemeanor as well under §54.1-111. Informing the contractor that you are aware of your rights and the requirements of the Board of Contractors may be enough to put these veiled threats to rest. Good luck!

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