Can a lien be put on my homeifsomeone was paid to do a job but did not pay for the materials?

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Can a lien be put on my homeifsomeone was paid to do a job but did not pay for the materials?

I hired someone to replace the roof on my home. He was paid all monies owed for material and labor. He took the money and did not pay for all of the material. Now the business wants to put a lien on my home. Can this be done being there was no contracts signed? What can I do to the person that I hired?

Asked on September 26, 2011 under Real Estate Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Potentially the materials supplier can pre-lien and record a mechanic's line on your home if that is where the material went that was not paid for by the subcontractor or contractor. The process is stringently enforced as a matter of time where once the mechanic's lien is recorded, the material supplier has usually a ninety (90) day time period to file a lawsuit.

If that is not done, the recorded lien is invalid typically. If you have a lien recorded on your property or a law suit filed to foreclose upon the mechanic's lien by the materials supplier, he or she owes you indemnity especially if you paid this third person for the materials.

I suggest you consult with an attorney experienced in construction law.

Good luck.


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