Is a contractor able to put a mechanics lien on our home if he never completed the work? The contractor was paid his 4 draws and never completed the work he was paid to do.
1 reply
Jul 7, 2020
Delaware's mechanics lien statute doesn't seem to require a project be completed in order for a mechanics lien claim to be filed. And, that principle is true in most states - lien claims can usually be filed before project completion.
With that being said, mechanics lien claimants cannot file lien claims for work not actually performed. So, if your contractor is filing their lien claim for work they have not performed, that could render their lien claim invalid and unenforceable (or even fraudulent).
It sounds like these resources may be helpful to you as well: (1) I Just Received a Mechanics Lien Threat – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?