Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Upcoming Webinars
MAY
08Ferguson’s Mission-Driven Leadership: How Purpose Powers SuccessLive Webinar: 10:30 AM CST
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Mechanics Lien Questions
All Status
Mechanics Lien
All States
What protection does a homeowner have if a crazy contractor never finished a job and never had a contract that stated the full price that was signed?
This contractor is threatening a Lien when he was negligent in finishing times, estimates and sloppy ness. He put in an estimate of a whole house job. He only finished half the house, when we paid him half the estimate and fired him, he is now threatening a lien.
Are liens like restraining orders where you don’t need proof to file them? And is there a hearing before the lien is “approved”? So the home owner can proof beyond a reasonable doubt the contractor failed to perform?
Thank you any info would be appreciated
Lo
ColoradoI am an independent contractor/laborer ( very good researcher as well as shade tree mechanic) and I was asked to remove a motor, and only remove was the first job the replacement motor being installed was said to be a different job, from a Tahoe and was threw verbal contract only that the owner of said Tahoe in which we agreed upon the following; 1. Owner cover the cost of my hotel room and food until job was complete plus an itemized per diem that was to consist of a small list of needed items and covering of two medical prescriptions, as well as $175 cash for labor. Under the understanding that. The owner stated after I was finished he would cover all tool cost and materials and pay for two extra days of the room upon completion. owner did not only no follow threw with the itemized per diem list but only covered two of the two of the four days and I had to come up with the other two being owner was no where to be found. And now that it is completed he refused to give the rest of what was agreed upon even cusses me and has avoided me every sence what do I do
TexasHow do I counter a mechanics lien
ColoradoI was hired to fill in a swimming pool and level the yard. After the initial rental of a bobcat and 2 truckloads of dirt plus the last 3 truckloads of dirt and 2 days of rental costs for another bobcat.
Between these I used my own money to buy more dirt (approximately 10 truckloads) and rental of a bobcat for 14 days. I have asked the contractor for money but he keeps saying that the owner needs to pay more money. When I spoke with the owner he said that the contract was between him and the contractor and he can't discuss the funding with me.
I currently have NO money to pay my bills and I already have 2 in delinquency. Can I file a mechanics lien on this contractor. Him and I don't have a written contract. This was all on verbal agreement between us.
MichiganI am working a job and the homeowners kept adding things. they agreed to the new price and now that the job is done they dont want to pay the remaining balance. i have already sent a notice of lien but what can i do now?
CaliforniaI am the homeowner of a property adjacent to an ongoing construction project. The only access to the construction project is via a right of way easement across my property. In performing the construction, they have incurred significant damage to my driveway; probably $60-$70,000. Am I able to file a mechanics lien against the project or is there a better way to handle that?
ConnecticutContract with a painter states that the home will be left in the same condition other than new paint on walls and trim. Prime contractor subbed out work, the subcontractors spilled paint on 3100 square feet of hardwood and painted the wrong colors in different rooms. Prime contractor was given an additional week to clean and remedy. Failed to do so, and had another sub contractor attempt clean up on the hardwood floors causing them to warp(damaged them) Now is saying it was like that. I have the proof in photos.
The contractor has now caused large amounts of damage in my home and wants to collect payment. The job is not completed and i do not want him back on my property.
Contractor did not give any lien notice, or any mention of liens in the contract. He stated he filed a lien on my home, which is currently for sale. He is also refusing to provide his insurance information. What would be my next steps as now i have to hire someone to clean and repair damages his subcontractors caused?
MissouriI hired a company for a major basement refinishing. After paying deposit I found out they are not a General contractor but a glorified project manager. Long story short, are they or the subcontractors they hired able to place lean on my home?? I only have an invoice from PM, no real contract, and have never even spoken to subs who performed mechanicals on basement. Can the glorified PM or subs out Leon on my home if payment is held due to horrible job?
GeorgiaI am a GC and hired a sub GC to remodel a bathroom, some plumbing and a vanity replacement for a second bathroom also exterior painting. The client was extremely difficult to work with and would make so many unreasonable demands that no workers would wanna go back and continue the work. We had to issue him a credit for not fulfilling the last part of the contract (vanity replacement-2nd bathroom). Now he is refusing to pay and keeps claiming that the job in not complete and doesn't want us back at his property. He owes about $2936 which after giving him a credit of $1000 will owe about $1936. Everything is in working and perfect condition after the remodel and he is just looking for an excuse no to pay and had also filled with CSLB. Do I still have a valid case to file a mechanis lien even though had deducted $1000 with his claim of non completion?
Also who's name do I use in order to file him as a person that we had a contract with (the son of the owner whom lives at the property) or the actual owners' name?
Thanks for your help in advance!
CaliforniaWe were served with Notice of Intent to File Mechanic's Lien. I replied to the attorney's request for information and also We were served with Notice of Intent to File Mechanic's Lien. I replied to the attorney's request for information and also requested evidence which was ignored. The project was completed in August and the final invoice was sent August 9 and paid by us August 12. The lien has absolutely no merit and is 100% fraudulent; however, we believe the threat to file a lien in an amount that exceeds our contract price by $63,000 is revenge for a complaint filed with the SCLLR against the GC for damages to our property due to negligence, threats made by GC, and the GC intentionally slowing down our project because he underbid on the quote. We retained an attorney in We were served with Notice of Intent to File Mechanic's Lien. I replied to the attorney's request for information and also requested evidence which was ignored. The project was completed in August and the final invoice was sent August 9 and paid by us August 12. The lien has absolutely no merit and is 100% fraudulent; however, we believe the threat to file a lien in an amount that exceeds our contract price by $63,000 is revenge for a complaint filed with the SCLLR against the GC for damages to our property due to negligence, threats made by GC, and the GC intentionally slowing down our project because he underbid on the quote. We retained an attorney in August who sent a demand letter, and the matter was settled once we confirmed the GC and subs were no longer on our property and we agreed to the final invoice amount and paid the invoice in full. On October 26th we were served with documents that included: letter from GC's attorney; fraudulent 8/30/21 invoice, Notice of Intent, Statement of Account, and Exhibit A (which is the printout from qPublic.net of our property description) and are all dated 4 days PRIOR to the date of the August 30th invoice. What action can we as the property owners take NOW to prevent this lien from being filed against our property? We have retained the same attorneys and were forced to pay a $10,000 retainer; however, I would like to take some immediate action independent of the attorneys because everyone thinks the GC isn't stupid enough to file a fraudulent lien and risk losing his contractor's license which might be true, BUT, we do not want to live with the threat of legal action looming over our heads for the next several months. We have receipts, emails, etc. to provide as evidence we have paid the contract in full, in addition to an email from the GC advising us he will pay the difference between the contract amount and whatever the final price. On day 40 we received an email from his attorney stating they are in receipt of our emails and attachments and will be filing suit. Surely this attorney has to provide evidence to the RMC Office and/or Court of this amount being owed to the GC other than just his word? This project has been the worst experience of our lives and that includes the loss of our home by fire and building two homes. A 6 week project deadline turned into 17 weeks which had absolutely nothing to do with materials or weather but just the GC intentionally slowing down our project.
South CarolinaWe were served with Notice of Intent to File Mechanic's Lien. I replied to the attorney's request for information and also requested evidence which was ignored. The project was completed in August and the final invoice was sent August 9 and paid by us August 12. The lien has absolutely no merit and is 100% fraudulent; however, we believe the threat to file a lien in an amount that exceeds our contract price by $63,000 is revenge for a complaint filed with the SCLLR against the GC for damages to our property due to negligence, threats made by GC, and the GC intentionally slowing down our project because he underbid on the quote. We retained an attorney in August who sent a demand letter, and the matter was settled once we confirmed the GC and subs were no longer on our property and we agreed to the final invoice amount and paid the invoice in full.
South CarolinaI'm a GC and we hired a contractor to do substantial grading work for us on a residential project. He overcharged us and we clearly demonstrated that he had done so and also that he did not follow the engineering for the project. We explained this to him and attorneys got involved. At this point, we are 5 months and 1 day past the last day he did work for us. My concern is for my client. My understanding is that he needed to file a notice of intent by yesterday and since he did not, he losses his right to file a lien. Is this correct?
WisconsinI’m a general contractor. I hired a sub to perform work on a residential property. I paid him half down at job start (Aug 2nd) and he walked off the job about halfway through (sept 24) He just sent an intent to file lien to the property owner (dated dec 8) unless the remaining 50% is paid. I don’t think they or I should have to pay for work that wasn’t completed.
He sent the 60 day preliminary notice with the intent to file (dated dec 8) Does he even have lien rights since we are well past the 60 days? And if not, do the property owners have to contest the intent to file? He can’t proceed with filing if he has no lien rights, correct?
Thank you!
WisconsinI was a renter to the home I am living in now. But come to find out the person who gave me an my wife a fake contract. Say she was the home owner. We was buying the home on land contract. We gave $5,000 down. The home was not liveable at all. We put another $13,000 in to it with than a 2 year time frame. But the we found out she was not the home owner and been here in the house for (4years now. Last week someone else stopped by here said the had the deed to the house and the bought. So I sent a letter up to my local court house asking for a hearing about the house. So they said I had to write a pelmenarily letter explaining why I am asking to do so. Then a week or so later I get a letter in the mail saying they will let me know when a court date is scheduled so I can explain my side of this issue.. so what can I do about this
IndianaCan you file a mechanic lien in ky on verbal contract
Kentucky