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Can a general contractor who has not completed the job, stole money from me and did work that was wrong file a lien?

I am the owner of villa in the USVI. This general contractor has not completed the scope of work he was hired to do, much of the work he did do is wrong and must be redone and he took/stole funds and did not use them for the villa. The bank is still holding the final balance of the insurance money (from IRMA damage) as the final payment has not been made to the contractor. I have terminated the contractor. Can he put a lien on my property? Do have any way to get any of my money back from him and keep him from filing a lien without a lengthy and expensive legal suit? He did sign a lien waiver.

1 reply

Oct 12, 2019

Yes, the GC can certainly file a lien on that portion of work that has been completed. Simply filing a lien doesn't mean the lien has been filed properly, nor that it will be enforceable. You may certainly challenge any lien on the basis of statutory non-compliance and/or based on matters that clearly must be litigated. Until all issues can be brought to a resolution, in the event this GC does file a lien, you can bond around the lien; that is, engage a the services of a surety to effect a "release of lien bond". The bond will ensure the progress and completion of the project isn't held up and project funds aren't encumbered, but guarantees payment to the contractor who filed the lien, provided their claim is found to be valid and enforceable by the courts. For additional information on lien law dynamics and requirements in the USVI, please refer to: https://www.levelset.com/mechanics-lien/us-virgin-islands-lien-law-faqs/

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