Full question:
I had an electrician install all the wiring, fixtures, etc. in a new construction outbuilding last summer. There was no contract signed or brought forth by the contractor. The final price is almost double the initial bid, but we did add about 25% more work to the job. The contractor stands behind his bill and I am disputing the inflated labor and so forth. Does he have the right to put a lien on my property?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Wisconsin
Answer:
Contracts are agreements that create obligations between parties. Even without a signed contract, an oral contract may be enforceable, but proving its existence and terms can be challenging. In your case, since the contractor performed additional work, he may have a valid claim for payment.
If the contractor has not provided the required notice to preserve lien rights, he may be limited in his ability to file a lien. For example, in Wisconsin, a prime contractor must give a homeowner a prelien notice at least thirty days before filing a mechanic's lien, which is typically six months after the last work was done. If this notice was not given, the contractor may not have the right to file a lien unless certain conditions are met (Wis. Stat. § 779.02).
In summary, while the contractor may argue for payment based on the work done, his ability to place a lien on your property depends on whether he followed the proper legal procedures for notifying you of his lien rights.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.