Can a mechanic’s lien be filed ifa job was faulty and repairs have not yet been made?

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Can a mechanic’s lien be filed ifa job was faulty and repairs have not yet been made?

We had some concrete work done around our home and were wondering if the contractor has any right to file a mechanics lien on our home? The concrete is very bad, they caused more damage then the job if worth, that we have to pay to fix. The contractor contacted us about a month ago and said they will replace most of the work with no additional cost to us; still haven’t paid them any money. Now, last week, we have been contacted by them saying they are going to lien our home if we don’t pay them. They have never been back to fix the stuff they promised to replace.

Asked on September 15, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you had work done to your home by a licensed contractor, under state law, the contractor can record a lien on your property to ensure that payment for services and materials are made. Once the mechanics lien is recorded, the contractor has a certain time period to file suit against you to foreclose upon it.

If there is an issue as to poor workmanship as to the concrete work where it needs to be replaced, you need to contact the owner of the company you were dealing with as to when and if the repairs will be made.

If you are having problems with the contractor about getting the necessary repairs done to the concrete and it looks as though the contractor will not make the repairs as promised, you need to contact the New York State Contractor's Licensing Board and make a complaint with it over the work that was done at your property.

Good luck.


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