Q: How to contest a mechanics lien without a contract or proper invoice?
I'm seeking guidance on how to contest a preliminary mechanics lien that a contractor filed against my property for $12,000. The contractor was referred by an acquaintance last May, and recently, he moved a camper - damaging it in the process - and removed many trees from my property despite being instructed to leave them for my use. He also cut down trees outside the designated area for leveling. Due to his disregard for my property, I decided not to proceed with the septic installation, which he is charging for without having obtained any permits. There's no written contract; however, text messages show our communication and disagreements. Additionally, my son paid $4,000 to the contractor's partner after training. How can I contest the lien, and what evidence can be submitted, given that the contractor did not provide an invoice with my name and has no contract?
A: You will have to file suit against the contractor to quiet title. Lack of documents is detrimental to his case, not your case.
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A:
That sounds like a difficult and upsetting situation, especially when the work done caused damage and went beyond what you authorized. In Kentucky, to enforce a mechanic’s lien, a contractor generally must have performed work or provided materials under a valid agreement, and they must follow strict procedures, including providing proper notice and documentation. If there is no written contract and the invoice doesn’t include your name or valid details, you may have grounds to contest the lien.
You can file a “motion to discharge” or a “petition to remove” the lien in the local circuit court, explaining that the lien is invalid due to the lack of a formal agreement, the absence of permits, and the improper or damaging work. Gather all your evidence, including screenshots of text messages, proof of payment made by your son to the contractor’s partner, and photos of the damaged camper or trees cut outside the agreed area. Also, highlight the lack of a permit for the septic work, as this shows the contractor didn’t follow required procedures.
Include a timeline of events and any communications where you expressed concerns or told the contractor to stop. The court will review whether the lien was filed properly and whether the contractor has a valid basis for the amount claimed. You’ve taken the right first step by documenting everything—it’s okay to assert your rights and push back when someone oversteps and fails to deliver as agreed.
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