Can I put a mechanics lien on my contractors spec house for failing to fulfill his contract on my house?

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Can I put a mechanics lien on my contractors spec house for failing to fulfill his contract on my house?

Contractor started a spec house after he started mine, now he is trying to charge
me for things that were not in the contract, and for which I did not authorize.
He has threatened to put a mechanics lien on my property, can I do the same to
him.

Asked on May 8, 2017 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you may not do this. Only a contractor can put a mechanic's lien on an asset. You can, of course, sue him for breach of contract--that is your recourse, as a non-contractor, for a violation of what you and he had agreed to.


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