Is a mechanic’s lien void if a portion of the amount claimed is for unlicensed plumbing work?
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Is a mechanic’s lien void if a portion of the amount claimed is for unlicensed plumbing work?
A contractor has filed a mechanic’s lien against my parent’s house. About 1/4 of the amount claimed in the lien is for plumbing work that the contractor did himself; he is not a licensed plumber in Indiana. Does that void the whole lien?
Asked on January 2, 2012 under Real Estate Law, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most states in this country, an unlicensed contractor cannot bring an action to collect upon work contracted for. In your situation if the person that filed the mechanic's lien was not a licensed contractor, the lien on its face may very well be invalid.
The situation is that you now need to get the mechanic's lien removed from your parents' home by this contractor who is not licensed. I recommend that you consult with an attorney who practices construction law to assist you and your parents in getting the mechanic's lien removed.
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