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Will a lien be denied because it is family?

KentuckyConstruction ContractMechanics LienRecovery OptionsRight to Lien

My father past away in August last year. My mother pleaded with my wife and I to please come help her prepare the house for resale. Specifically asking if she needed to hire someone else, or if we would move our family from CO to KY so we could help her keep it together after my father passed. Stating that she would rather pay me for the work instead of a stranger and she wanted to spend time with us all. My wife took a 50% pay cut, I closed my business and quit my second job with the understanding that I would be paid for the work. My Mom is our girls only remaining grandparent. Several thousand dollars and about 5 months later, as the work was nearly completed, my Mom wanted us to agree to move and live with her after the sale of her house. We declined the offer. I started asking for payment and my Mom came up with excuse after excuse and then showed up around dinnertime with police because she had been denied a emergency restraining order. She had lied to a judge and claimed she was scared of me. She even took me to court where the case was dismissed because I (luckily) had video of the entire incident that she falsely reported in her attempt at the restraining order. I was granted a involuntary mental evaluation for her and the psychiatrist told me she had a cluster b personality disorder that was coming to the surface because of the loss of my father. She offered to pay me for the few remaining things that needed to be done if I was the lowest bid but all the work and supplies for the past 5 months she would not pay for because we had no written contract. I am filing a lien for the work that I provided. I really only charged for about 1/2 of what I contributed. Will this lien be a waste because it is family?

1 reply

Jun 16, 2020
Mechanics lien claims won't be invalidated simply because the work was done by a family member. However, Kentucky's mechanics lien statute seems to require a written contract (or at least written consent) in order for a valid and enforceable mechanics lien to be filed. So, if there's no written agreement or if written consent to perform the work wasn't given, then a lien claim might not be available. In some cases, emails or text messages might ultimately constitute a "written" contract - so it might be worth having a Kentucky construction lawyer review the agreement for work. Additionally, they'll be able to assess whether other claims - like breach of contract, unjust enrichment, or other claims - might be worth exploring.
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