Contractor placing mechanics lien on my house

[radialatx]

Can anyone tell me how long a contractor has to file a mechanics lien on work he did on my house this past July? He failed to finish the job per the contract and he wants the last half of the total amount. We just received the certified letter stating that if he does not hear from us within 2 weeks, he will place a mechanics lien on our property. We think he is wrong and his time frame has expired to file. If anyone has info on how this works it would be greatly appreciated.

[Don_P]

It varies by state. I suggest trying to come to terms agreeable to both. Failing that, hire a lawyer and let them do what it takes to come to terms that will be considered fair to both parties.

[Rich]

Yes some states have a "right to complete" (not sure if that's an official term) mandate where you must give the contractor a chance to complete the work if it's determined that it was incomplete.
What is stated in the contract in regards to scope of work and completion? Is there an arbitration clause?

[Richard A Hetzel]

I believe that you must write a letter to the contractor, demanding that he finish the work within a reasonable time frame...you have to state the time, which, of course, varies as the amount of work left to be done. Send it certified return receipt, and it's best if you do it with the aid of a lwayer who knows the law in your state.

Then, if the contractor fails to respond, or fails to complete the work, I believe he will be considered in default under your contract. But as Rich suggests, a lot depends on exactly how the contract was written.

[AustinRealEstate]

If you're in Texas and need a referral to a lawyer, just let me know. I have a friend who handles my real estate legal issues. He's good and affordable. There are for sure a number of steps to the process and there are items that must be completed for the perfection of the lien. You definitely want a lawyer if you're not used to the process.

Joe

[The OC Builder/Developer]

Again, the above statements are good solid advice. The mechanics lien laws vary from state to state. Example, here in California, a prime contractor has either 60 or 90 days from either work completion or cessation of work to file a lien.

Just today I filed a Lien Notice for professional services that I rendered on a development project in Mississippi. I see again just how different the time lines are as Mississippi allows 12 months to file.

Even in California, where I have been contracting for over 30 years, I will at least get advice from an attorney before I file. I know that your on the other end of this, but the issue is the time lines and the protection it affords (win or lose).

Good luck and sorry :( for your misfortune

Don:scooter: