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What are my options? What are my rights?

TennesseeLawsuitLicensesMechanics LienRecovery OptionsRight to Lien

Hello, I have not received a lien against me as of yet. I do feel strongly I may. The details are that I had an arrangement with a contractor for a specific appliance. I sent a photo of the old one to his cell phone. I researched where the item was sold and texted it to the contractor. He agreed to secure the appliance and charged me an extra $100.00 to do so. Upon his completion of the project je never contacted me, he left and went to another job. I received a text message from an unfamiliar number and person named Cindy. She claimed she was his wife. I immediately asked for the contractor. Long story short, he not only did not replace the item with what I requested, he did not provide me an invoice. He left the warranty booklet and receipt with my tenant. He refuses to call me and his last text said pay or i will be paying him more than I expected. He also stated for me to stop the "Bullshit" and that he would be receiving payment TODAY. What do I do from here? I have not paid him anything. Please advise. I found that he is licensed int he State of Tennessee but could not find him where my rental home is in the State of Kentucky.

3 replies

Aug 24, 2020
If a contractor performed work or furnished material to a project in Kentucky, the potential for a mechanics lien is governed by Kentucky law - no matter where the contractor's main office is located, or where the contractor may be licensed. Generally, a contractor is entitled to a mechanics lien if they are unpaid for the services or material furnished, however, there are other factors that would be considered in any potential enforcement action. If the contractor breached the contract between the parties, a lawsuit can be initiated by the property owner (and/or it could be a defense raised in an action to enforce a potential lien). Usually, additional charges "more than you expected" are not allowed to be included on a mechanic lien claim.
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Aug 24, 2020
Thank you Mr. Budde. Just discovered that this contractor is not licensed in the State of Kentucky but in the State of Tennessee.
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Aug 24, 2020
Design professionals (architects, engineers, surveyors) claiming a lien in Kentucky must be licensed for the lien to be valid. However, Kentucky does not impose specific licensing requirements on other potential lien claimants. Certain construction work must be performed by licensed contractors in Kentucky, but supplying (and probably hooking up) an appliance is not likely subject to licensing requirements.
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