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Was this a fraudulent or frivolous filing

District of ColumbiaLicenses Mechanics Lien

A mechanic's lien was placed on my property stating that I am still owing the final payment. Since then, I found out that the two related contractor's that I hired, did not have the proper licenses to perform the work and that the license was strictly renewed (considering the date of the mechanics lien and date of renewal) just for that purpose. The contractor filed the lien knowingly that the work was performed during his unlicensed period. This is in the District of Columbia. Was this a fraudulent or frivolous filing?

1 reply

Nov 4, 2019

Unlicensed contractors in Washington DC cannot file a mechanics lien for their work if that work required licensure. In fact, they're typically required to either provide a copy of their license when filing a mechanics lien, or they're required to swear that their work does not require a license. And, failing to comply with all relevant licensing and regulations could certainly lead to a filed mechanics lien being deemed invalid and unenforceable. Note, however, that there's a difference between fraud and an honest mistake. And, while an owner may certainly be able to successfully challenge a lien and even get it removed - that won't automatically mean the lien will be considered fraudulent. If you've had a mechanics lien filed on your property and believe it's invalid, unenforceable, or even fraudulent - it's generally a good idea to consult with a local construction attorney. They'll be able to take a deeper look into your circumstances as well as any relevant documentation, then advise on how best to move forward. Finally, here's a resource that may be valuable here: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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