Hampton, VA asked in Construction Law and Real Estate Law for Virginia

Q: A faulty mechanics lien was put on our house. We had an addition put in over 10 yrs ago. The contractor never finished.

After 60 days we wrote the contractor to fire him so we could get another contractor to finish the project. Found out the first contractor was not a certified contractor. First contractor put a mechanics lien on our home, stating we owed him $2,000 for a cement patio. This patio under the contract we signed was supposed to be a 8ft x 8ft. The contractor put in a 6ft x 6ft. We are not paying for something we didn’t order. We did give the first contractor $12,000 in good faith, so he wouldn’t have to take any money out of his pockets to pay for the materials he would need to build the addition. What are we to do to get this lien off our home?

1 Lawyer Answer
Steven Krieger
Steven Krieger
  • Construction Law Lawyer
  • Arlington, VA
  • Licensed in Virginia

A: You have to file an action to clear the title in Circuit Court. Of course, you could send a letter or have an attorney send a letter to the contractor explaining that if he doesn't remove the lien, you're going to ask the court to award you attorney's fees for the effort and filing. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.

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