Can contractor file a lien if there is no written contract.

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Workers stole personal items, police report filed. Asked not to come back. Part of work is done and paid for, $2000 for laminate floor install. Remainder of work including baseboard install incomplete due to theft issue. Claims to be owed $1700. Unlicensed contractor now threatens to file lien. Is this valid? There is no written contract.

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Posted by Anonymous
Asked on February 14, 2020 10:35 pm
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Mechanics Liens are very powerful tools for contractors. But, that does not mean that this bad contractor automatically wins or even that a lien that he may record is legally enforceable.
This is a complicated issue in determining whether a lien is legally enforceable. And if it is should the homeowner be concerned when the lien is for a relatively small amount when compared to expected attorney fees which will be needed to enforce the lien.

Bottomline, may the contractor record a lien when there is no written contract and the homeowner disputes the validity of the debt? Ye, the lien can be recorded but that does not disadvantage the homeowner when it comes to determining how much if anything is owed to the contactor.

You may want to contact the Robinson and Henry litigation attorneys to discuss your rights, remedies, and options. Just call 303-688-0944 to schedule a free case assessment or book online at robandhen.wpengine.com/locations.

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Posted by donald@robinsonandhenry.com (Questions: 0, Answers: 282)
Answered on February 16, 2020 3:06 pm