What canI do if a contractor placed a mechanic’s lien on my home?

Called contractor for roof certification report $250. He visually inspected, took no pictures, and did not write anything down (services detailed on website). I agreed to send pictures and he agreed to produce the report within 2 days. Have 2witnesses to this conversation. I emailed him twice within time frame but no reply. I stopped payment on check. The contractor contacted me 5 days later saying family member died but primarily angry about the canceled check. Now the contractor is moving to place a mechanics lien on my home. I have not received the certification/inspection report to this day.

Asked on August 21, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do you have a written contract with this contractor for work done on your property signed by the contractor and yourself for services to be rendered? Is this contractor a licensed contractor in the State of New York.

If the answer to the above two questions is "no" then most likely the contractor cannot legally lien your home with a mechanic's lien and if so, any lien could be considered a "slander"of your home's title.

You should contact New York's contractor's state licensing board about the problems you are having with this contractor and the ability of him or her to place a mechanic's lien on your property.

You never mentioned why you stopped payment on the check to the contractor that you issued. If the contractor did the work he or she did, and it was acceptable, I see no reason for not making the payment.

Good luck.


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