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.
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