Can a mechanic’s lien be placed on a home if the work performedwas to be bartered for?

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Can a mechanic’s lien be placed on a home if the work performedwas to be bartered for?

A friend offered to help out by letting me purchase roofing material and he would have him and his crew do the roof repair at a reduced labor charge. The work has taken more money and weeks longer than he told us. He offered to buy my old van for $200 cash, plus the cost of labor to finish part of the work that needs to be done. Now, 3 weeks later, he has not finished the work and says the transmission is full of water and will cost $1500 to fix. We never knew of any transmission issues. He said that we have to fix the van for him or he will put a lien against our house for non-payment of his work. Can he?

Asked on April 11, 2011 under Bankruptcy Law, Kansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sounds like your friend is pulling the wool over your eyes. First of all, a mechanic's lien is difficult to obtain in a situation like yours because it appears there were multiple settlements along the way and so if he had finished the work for a different type of compensation, he may have been able to obtain a lien. Here you have someone who has essentially refused to complete the work, trying to blackmail you into paying him for repairs to a vehicle that didn't have issues before and most likely doesn't have a contract from you. If he has a contract, check the details. Now, the work was not bartered as you indicate because he was supposed to be compensated but at a reduced labor charge. If he attempts to put a lien, you will be given notice, at which point you can quickly contact the agency that licenses such contractors or roofers and report him.


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