A contractor has placed a lien on my home for non-payment. He told me from the start, that I would not be required to pay anything out of pocket, except whatever came from the insurance company for their fees. I requested they bring it to me in writing prior to starting work. They did. It's a document with their company letter-head, signed by the owner. I've given them what the insurance company has paid so far and they (insurance company) have communicated the process may provide additional payments pending further evaluation and another inspection by their side. So is this lien valid, in light of this document to the contrary?
This is known as an assignment of benefits (or AOB) contract. You need to have an attorney review this because the law imposes strict requirements on AOB contracts for them to be enforceable. Depending on what the contract says and if it complies with the law, the lien may or may not be enforceable.
Ok, I was looking around some paperwork and found a contract that I did sign. It's dated 8/13/2020. However the signed statement from the contractor saying I would not be responsible for anything out of pocket is dated 9/2/2020. So now the question becomes; is the contract still binding, since the creation and signing of a promissory note to the contrary? They had been trying to get me to sign another contract before the lien.