wife signed contact but house in a trust in and husband is President of trust

2 months ago

I installed a Garage door and the check had a stop payment on it and now my call has been blocked on here cell and now email address.

Question the wife signed the contract for the door install but the husband is president of the trust is that an issue with proceeding with the lien? I do have a signed contract with the wife. They are now out of town.

Additional info about this contractor
Project Role: Owner
Project Type: Residential
Senior Legal Associate Levelset
355 reviews

If you performed authorized work on the house, then you’d likely have the right to file a mechanics lien. Mechanics liens may still be filed even if the owner of the property is a business entity, trust, etc. While an owner might try and argue that the work technically was not authorized due to the ownership structure, that’d likely be a losing battle if it’s clear that both spouses knew the work was being done and approved of it or if the wife has acted as the agent for the owner on a regular basis.

Of course, before diving into a mechanics lien dispute, merely threatening to file a mechanics lien might be enough to get paid. Sending a Notice of Intent to Lien will get the owners’ attention and let them know you’re serious. If they know they face a mechanics lien dispute, they may be more inclined to pay what you’re owed rather than go into an all-out dispute in order to withhold payment. Obviously, it may be hard to reach an out of town owner – but if you have any phone number or email that still works, sending the document that way may work. Additionally, the trust will have to have a public agent – and sending to that agent may be another option.

Mechanics liens will be necessary sometimes, though. So, for help there, these resources will be useful: (1) Michigan Mechanics Lien Guide and FAQs; and (2) How to File A Michigan Mechanics Lien – Step By Step Guide To Get You Paid.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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