A builder dumped the wrong soil (gumbo soil) on our property as a foundation pad for a new home construction and then terminated the contract. His paperwork said that he used earnest money to pay for the expenses but there was no earnest money per the contract. But we had to pay $2,000 to have the soil removed. Then he didn't finish the site prep by not scraping the grass or clearing the tree dumps. We had to pay someone $2,000 to clear away the gumbo soil. I sent a certified letter on 10-19-20 asking for our money back. I have not gotten a response back as of yet.
Hello,
It sounds to me that you are the property owner. As such, you do not have any lien rights for the situation you have described here. Liens are primarily for contractors that have provided labor or materials for the improvement of a property.
What you do have is a claim for breach of contract (the wrong soil and removal). Also, more breach of contract if he was supposed to remove the grass and clear the trees. You would have to sue and get a judgment before you could put a judgment lien against any of the assets of the contractor's company.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com