Q: If I did work on someone who is renovating houses then selling them can I file a lawsuit if they don't want to pay me?
The lawsuit would be more than 5,000. Or maybe some kind of lien on the house so he doesn't sell it before he pays me.
A: If work is done as a subcontractor on residential real estate, there is a process provided for by statute to file a mechanic's lien on the property. For improvements to existing residential property, the statute is K.S.A. 60-1103A (for new residential property K.S.A. 60-1103B). The filing of a mechanic's lien for a subcontractor for improvement to residential real estate requires the provision and filing of a warning statement.
A: If the work was done contracting directly with the owner, under certain circumstances that might be a regular mechanic's lien. If a mechanic's lien is properly filed, it can make it difficult to sell the property until the lien is resolved or money is escrowed at closing to cover the possible loss of a mechanic's lien foreclosure. A breach of contract lawsuit or lien foreclosure case may give rise to a "lis pendens" lien against the property that further makes the sale of the property more difficult. Mechanic's liens have deadlines that could pass quickly, depending upon the unique circumstances of the case. You should seek immediate legal counsel from a lawyer to understand your specific options and plan a course of action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.