A Homeowner’s Defense to a Mechanic’s Lien

Mechanic’s liens are a legal tool contractors use to recover unpaid money from a homeowner for their work on a job, such as a remodeling project or home repair. But what if your contractor did unsatisfactory work? How do you fight a mechanic’s lien?

The Robinson & Henry Real Estate Team can help homeowners, like you, develop a strong defense so you can fight a mechanic’s lien filed by a bad contractor.

Fight a Mechanic’s Lien: Common Defenses

One of the primary ways to fight a mechanic’s lien is to contend that you, the homeowner, do not owe the amount filed in the lien. There are a number of reasons why you may believe you do not owe the contractor.

Overcharged

Let’s say, given your paperwork and other evidence, the contractor overcharged you. In the legal real estate world, an overcharge is referred to as over-liening. That is a completely valid defense.

Poor Craftsmanship

Another realistic defense is shoddy work. If your contractor’s work is unacceptable or not does rise to the level of quality described in the work contract, then you could fight the lien.

Improperly Completed

Here is another common scenario. Your contractor finished their work, but the final product was not completed properly. If that’s the case, you could argue you do not owe the amount of money the contractor says is due.

Get Immediate Help to Fight a Mechanic’s Lien

Mechanic’s liens are incredibly serious. If a mechanic’s lien is enforced, you could lose your home to pay for the amount your contractor says you owe.

That’s why we strongly encourage you to seek the advice of an experienced real estate or litigation attorney. She or he will be well-versed in mechanic’s liens, and they will be able to review your particular situation and offer a strategy to fight the lien.

Call 303-688-0944 today to begin your case assessment.

More Information on this Topic:

• What is the difference between a handyman and a contractor?

• What are some common issues that lead to contractor lawsuits?

• What is the difference between a material and a non-material breach of contract?

• Can I sue my contractor for unreasonable delays?

• Could I be liable if my contractor doesn’t pull the right permits?

• What happens if I hire an unlicensed contractor?

• What is a mechanic’s lien?

• What is the statute of limitations for filing a suit against a contractor?

• What if my contractor filed a mechanic’s lien but did bad work?

• How do I get rid of my contractor if they aren’t meeting my expectations?

• What are my legal options if my contractor never completed the work on my home?