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Can contractor file lien? How can I prevent?

MichiganMechanics Lien

My contractor did not follow the blue print and refuses to correct his mistake. 1. Porch was to have 4 posts, he did 6 to save cost on LVL. 2. Porch was to be 10’ wide, he did 9’ because he failed to calculate the roof pitch. 3. Windows are not centered. One window is 7” off from other window. 4. Prints call for one foot overhangs, he did none. I’m refusing to pay final payment until he corrects issues, which he refuses calling them “cosmetic” and the building passed code.

9 replies

Oct 21, 2021
They can file a lien if they did improvements to real estate and were unpaid. Then you can wait if the lien does not harm you, or consider suing them. Get a competent attorney working for you sooner, not later.
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Oct 21, 2021
If they did the work and you have not paid them in full, they have a right to file a lien. What you are describing is a dispute regarding the correct amount due under the contract. I recommend that you consult a business attorney.
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Oct 22, 2021
I think you were wise to withhold the final draw! It sounds like most of the problems are permanent, ie not repairable. You didn't say how much $ is involved, but if he does try to foreclose his Claim of Lien you would have a workmanship Counter-complaint. I agree you should consult and attorney but get a construction specialist in your area. The above answer is generalized reply to an question and is not intended to be legal advice or establish an attorney-client relationship with you. If necessary you should meet with an attorney and provide the attorney with all relevant documents and get an attorney opinion or advice on your situation.
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Oct 22, 2021
The contract was four fifty six thousand dollars . he is only owed four thousand dollars . he has not passed final inspection as multiple windows are installed incorrectly . not including the “ cosmetic issues I stated above “ . he’s also stated to me that there are subcontractors that need to be paid still, This compounds my concerned that they have not been paid. I have asked him for a list of materials, subcontractors, and who has been paid in full and who is still owed money. To date he has refused to give me the information.
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Oct 22, 2021
56,000 was contract amount. Sorry voice to text.
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Oct 22, 2021
Sorry I can't start advising on the particulars of your case, you should contact an construction attorney in your area asap
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Oct 22, 2021
Yes to the suggestion above. An hour with an attorney familiar with this area of the law WHO DOES LITIGATION will assist you tremendously. There are a number of requirements that the contractor must achieve to be able to file a lien successfully, including certain contract language that is often over looked. I would look generally for a construction/real estate/business type of lawyer with experience in this particular subject who also knows his/her way around a courtroom ... that is who will give you the advice you need now.
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Oct 25, 2021
Has it been more than 90 days since his last date of work at the site? If so his lien will be invalid if he files it. You need to demand a "Sworn Statement" from him regarding all subcontractors and suppliers that may or may not have been paid and it has to be received PRIOR to any further payments. Unfortunately you may need to have expert testimony to prove that the changes he made to the project diminished the value since he apparently "substantially completed" the project -- especially if the building department approved the project already. The most glaring and substantial are the offset windows, the lack of an overhang.
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Oct 28, 2021

You are allowed to ask for a “Sworn Statement”. This is a list of all subcontractors and the amounts paid and due each of them.

 

 

 

You are also allowed to require signed “Unconditional Waivers of Lien” (or “Conditional Waivers of Lien”) from each of the subcontractors as a requirement before you make your final payment to the general contractor.

 

 

 

But, my initial recommendation still stands. Call the city building inspector and have them look over the job.

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