Full question:
I asked a contractor for a bid and told him what I was expecting for cost per sq ft. He said that was doable. The bid came back at 4 times what we discussed. I think he was deceptive and wanted to take me for what he could. How do I best fight the Mechanics Lien he put on my building?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: National
Answer:
To contest a mechanics lien, first check if the contractor followed the necessary legal requirements. In many states, a lien claimant must file a Statement of Lien within one hundred twenty (120) days after completing the work. This statement must be filed with the county recorder and a copy served to the property owner or their agent.
Additionally, the lien claimant has one year from the last date of work to enforce the lien. In some states, like Minnesota, you can request an itemized account of the lien claim within fifteen days of contract completion. The claimant must provide this account before any legal action can begin.
If you believe the contractor was deceptive or that there was no valid contract due to a lack of agreement on terms, you may have grounds to challenge the lien. However, if the bid was accepted, later regrets about the price typically do not invalidate the contract. To prove a contract is unconscionable, you must show that no reasonable person would agree to it.
Consider consulting a legal professional to review the specific facts of your case and advise you on the best course of action.
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.