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If the job was not done per the contract can an unlicensed contractor file a mechanics lien

VirginiaMechanics Lien

On the contract the contractor was supposed to put in an 8x8 and a 3x3 concrete slab. The contractor put in a 6x6 slab and when questioned why by the owner, the contractor said well that’s what you’re getting. The contractor was given beforehand $12,000 dollars good faith money, so the contractor wouldn’t have to take money out of his account to pay for all the materials needed for the project. The project was never completed. So after 90 days the owner sent a letter firing the contractor because he never finished the job. Two weeks after the contractor filed a mechanics lien on the owners resident, stating that the owner owed the contractor $2,000 for the slab of concrete that was not the correct size per contract. Also the contractor was unlicensed. What can the owner do to get the mechanics lien off their property?

2 replies

Jul 27, 2020
No. Under Va. Code. Ann §43-3(D), "A person who performs labor without a valid license or certificate issued by the Board of Contractors... or without the proper class of license for the value of the work to be performed, when such license or certificate is required by law for the labor performed shall not be entitled to a lien pursuant to this section." In fact, the lien filing itself requires that the contractor provide a their license or certification number. A quick search of the records on the VA Board of Contractors Directory, should be able to verify whether they are licensed or not. If not, a demand letter for the release of the claim should be sent to the claimant explaining the reasons why their lien is invalid. If they refuse to release the claim, you may have to petition the court for the release. You should contact a local attorney to aid you in petitioning the court. We have a few Virginia construction attorneys in our Expert Center Community that may be able to help. Good luck!
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Jul 28, 2020

An unlicensed contractor cannot place a mechanic's lien on a property, so if/when the contractor tries to enforce the lien, within 6 months of filing, a relatively simple defense could be that the lien in not valid because the contractor is not licensed. If you didn't want to wait for the contractor to file, you could file a slander of title lawsuit against the contractor. 

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