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Deck builder (is prior owner) is threatening lien on my house

If bill for construction services is due upon finishing project, Can contractor file a lien if It’s been 2 weeks & I haven’t paid yet. I held payment, because he owes 3 months past due garbage fees on my house that I purchased from him one month ago. Garbage late fee mailed to me in my name. (Missed by title company at closing)

1 reply

Jul 16, 2020

The contractor's lien rights depend on several factors, including whether he supplied the statutorily required model disclosure statement, whether notice was provided (if it was required), and whether the contractor is licensed, bonded, and insured as required by law. If all pre-conditions of the lien have been satisfied, the contractor can record a lien against your home even if he owes fees for garbage collection. His lien rights are not tied to any counterclaim you might have against him for breach of contract, unjust enrichment, etc. I recommend contacting an attorney to discuss the specific facts of your case and options for how you might resolve this dispute before the contractor records a lien.

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