Hi everyone, we had a GC just file a lien after 130 days from last work. She made up a date even though we have proof that we terminated her contract 130 days ago. She is frustrated that we went with another contractor and we actually over paid her compared to our contract. She later just trying to get us, so she slammed us with an 80K lien a WEEK before closing. Is there anything we can immediately do because last work was past 90 days?
You need a local attorney experienced with your state lien laws. But generally…..
-there are stiff penalties usually for filing a fraudulent mechanics lien. A letter from your attorney addressing this is step 1.
-most states have a process for “bonding off the lien” by placing a cash amount in a court registry (typically 100-120% of the lien amount) to remove the lien from the property.
Again, a local experienced attorney is your first step.
Assuming they are licensed, a complaint to the licensing board would be appropriate….maybe even more so if they are not licensed, and performing work that requires one.
Thank you Wayne! It is crazy to me that you cannot just call someone about a fraudulent lien. The fact that we have to bond it off is so disappointing to me. It feels like anyone can put a lien on anyone’s property and cause finical ruin without blinking an eye.
This could prevent us from selling our home.
Any other advice? This GC also stole 3K from us and used it on another property.
@Connor Castillo Yes, it sucks. There are bonds available from insurance companies, but these would require assets on your part to qualify, and time. Other than bonding it off or the contractor removing it, you could file suit to have it removed, might end up with just one hearing, but again this would take time.
Also, GA may differ, but here the lien expires after one year if no suit has been filed to enforce it. If the property owner Properly contests the lien, the time to file suit by the contractor is reduced to 60 or 90 days.