Is the contractor's lien illegal due to overpayment claims?

Full question:

A contractor has placed a lien on the house we are building. The amount is to large, because the have cashed a check since the lien was filed. We want to resolve the matter but they want return our calls. The installed siding.windows and doors. The payment were made on the windows (in full) but they are not finished. The siding is finished and they were paid in full. The doors were installed wrong and we ask them to make the needed repairs. They refuse to repair without the payment made. If we can't get them to make the needed repairs before payment we know they won't come back afterwards. Is this lien illegal because they liened for more than they are owed?

Answer:

I cannot provide a legal opinion. Generally, a contractor must accurately assess the amount owed when filing a lien. If the lien was filed before the payment was received, and that payment was not deducted from the total owed, it may not have been done in good faith.

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.

FAQs

A lien is a legal claim against a property that allows a creditor to secure payment for a debt. When a lien is placed against the wishes of the owner, it typically means the creditor believes they are owed money for services or materials provided. This can occur even if the property owner disputes the debt or the amount claimed.