The topic of mechanical lien on your home.. 2010-03-06 19:23:17
by JY
Q: Recommendation needed: how to deal with building contractors.
Q: Recommendation needed: how to deal with building contractors.
A: It is a tough one, he can attach a mechanical lien to your home.
you may try these steps.
1. have a meeting with him, give him a demand letter stating a final time line for him to finish or pack his tool and leave.
2. if he refuse to cooperate or can not finish in a reasonable time line, tell him is fire, it is your property and you have right to prohibit him from entering.
3. he may put a mechanical lien in your property, each state is different on this, the original status was to protect laborer get paid when job is done, but it is been abuse so much over the years, the contractor can basically put a lien on you without any prove, and it is up to you to prove it is not.
4. if you get a notice from county recorder's office about the lien, you have several options,
4a.do nothing, usually you can request it to drop after 1 year if the contractor did not bring the case to court and win a judgment.
4b. send a certify letter with return receipt to him, simply stating SUE OR QUIT within 30 days, if you can prove the letter is delivered and he did not sue you, then present the letter to recorder's office request the lien to be drop.
4c. if he sue, then you need to present to court all your evident that he did not do the job and you already given him a reasonable time line to finish, then it is up to the judge.
or better yet, hire an attorney to take care the problem for you.
I had been there and done that.
good luck to you
you may try these steps.
1. have a meeting with him, give him a demand letter stating a final time line for him to finish or pack his tool and leave.
2. if he refuse to cooperate or can not finish in a reasonable time line, tell him is fire, it is your property and you have right to prohibit him from entering.
3. he may put a mechanical lien in your property, each state is different on this, the original status was to protect laborer get paid when job is done, but it is been abuse so much over the years, the contractor can basically put a lien on you without any prove, and it is up to you to prove it is not.
4. if you get a notice from county recorder's office about the lien, you have several options,
4a.do nothing, usually you can request it to drop after 1 year if the contractor did not bring the case to court and win a judgment.
4b. send a certify letter with return receipt to him, simply stating SUE OR QUIT within 30 days, if you can prove the letter is delivered and he did not sue you, then present the letter to recorder's office request the lien to be drop.
4c. if he sue, then you need to present to court all your evident that he did not do the job and you already given him a reasonable time line to finish, then it is up to the judge.
or better yet, hire an attorney to take care the problem for you.
I had been there and done that.
good luck to you
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