Depends on the state. Lien laws vary greatly from state to state.
Did you pay the contractor? If not, he had the right to lien your property. If you want to sue the contractor, you need to be able to prove that he did not finish the job. For example, if he put an addition on your house and did not roof it, you need to show in the contract where it states the work included roofing the addition.
No
Yes and no. The contractor can file a lien against your house for non-payment. Even if you honestly don't owe the contractor any money, he may still lien your house; he will eventually have to prove the lien's validity in court or it is automatically released. No lien can be filed against your car. However, if the contractor gets a judgment against you, that judgment may be executed against your car and home to secure payment.
this is a waiver of lien by contractor, subcontractor, or supplier.
Yes. If the contractor has performed work on the house, and has not been paid, he may file a lien. Even if you truly don't owe the contractor any money, he may still file a lien; eventually, he will have to prove its validity in court or the lien is released automatically.
A real estate vendor's lien in the state of Texas is a type of lien put on a building project. If the contractor doing the work on a person's home defaults to his/her creditors, a lien can be put on projects that he has already completed or projects that are still in process. This means that the owner of the property where the project was done, has to pay the lien before they can sell the property. Then, the property owner has to sue to get the contractor to pay them back.
yes! sike u dumby
There is no way to remove a lien from your property unless you pay it in full. If you are planning on doing that you would contact the creditor of whom the lien is from. YES THERE IS: As every law there is always a loop pole! Depending on the lien and where you live. Under construction liens, depending on your state and their Statue of limitation, courts require the lien claimant the obligation of moving its lien claim along even after the lien is preserved and perfected. If a trial date is not obtained or if a lien action is not set down for trial in which a lien may be enforced within two years from the date of the commencement of the action, the perfected lien expires. Also, don't feel that you can't renew your mortgage without paying out a contractor, you can renew with the current mortgage company without actually having to reapply for a mortgage etc, that is when the contractor is able to get paid without proving anything. So if you know that your contractor doesn't have $25K to go to court wait them out, especially if your damages equate to the lien value. However, if you owe them pay them.
YEP!
No. "Self-help" is not appropriate here. The contractor should file a suit for the balance owed. Sometimes the contractor is able to put a lien on the property to ensure that they will get paid.
In most states, the contractor must have performed work or brought materials to the job site before he can file a lien.
First, if the contractor is licensed, he can file a lien against your house under the doctrine of quantum meruit (Google it for more info). Although the work is unfinished, the contractor is nevertheless entitled to be compensated for the work he has done. However, you must now find a contractor to finish the job. You will then be entitled to the cost of finding the new contractor (if this has caused you money damages). Remember that (in WA) a lien will expire in 8 mos.--the contractor must sue you during this period or the lien expires. I suggest you simply find another contractor--if the original one sues over the lien, you should then counterclaim. In such a case, talk to a construction law attorney.