Contractors » Construction Liens Legal Questions & Answers

We are a subcontractor on a Tennessee project. Do we need to submit a pre construction lien notice before actually starting to work?

Can an architect file a mechanic's lien? If my services were completed in July, am I still able to file? Who delivers the lien? Should an attorney be retained to file such a lien?

Can a subcontractor file a lien even though the property owner's only contract was with the prime contractor and that contract states that prime contractor will supply all labor and material himself? The property owner had no agreement with the subcontractor.

If you have a construction lien filed on a property for not paying labor and the contractor files a bond instead of paying the lien, what is the next step?

Is there a monetary limit on a mechanics/contractors lien?

2A:44A-3. Lien entitlement for work, services, etc...

I am a licensed plumber and have a contract with a general contracter to do plumbing jobs. I received a down payment to start work. After rough inspection of which I passed, I was to receive a payment of $2100.00. It has now been almost 4 months and the contracter refuses to pay....

Sovereign immunity bars creditors from enforcing liens on government property. Unless waived b...

Can a contractor file a lien against a government building for materials ordered by their civilian purchasing company.

You may insist on a lien waiver before any work begins. It is often recommended to not make yo...

A contractor is refusing to sign a lien waiver that we discussed in the original agreement. At what point can I insist to get the waiver? Can I hold final payment until he signs the waiver?

If I have placed a construction lien for labor and material not payed at the completion of a job under contract and the bank is attempting to foreclose, do I still have a right to seek payment from the bank or property owner?

I was a salesman for a firm that supplies and installs crown mouldings. I made a large sale for a residence in South Miami. After we started the work, my company let me go (after years of service) and continued the project. I was not paid any commission for either the material or...

If we release a lien on a property, can we later put a lien on it again if needed?

I had an electrician install all the wiring, fixtures, etc. in a new construction outbuilding last summer. There was no contract signed or brought forth by the contractor. The final price is almost double the initial bid, but we did add about 25% more work to the job. The contrac...

I own property free and clear. We have a contract with a home builder to construct a home on our property. We pay the home builder in full for the services contracted. However, the home builder defaults on his subcontractors. Can the Subcontractor put a lien on my property even t...

I am a subcontractor for a kitchen remodeling company. I filed liens against 4 homeowners. If the homeowner has paid the kitchen contractor and the contractor hasn't paid me, will the homeowner still have to pay me to release the lien?

We are a contractor. If we sign a 'waiver of lien' form as requested by our client, do we waive our right to file a lien if they don't pay? The lien waiver states 'For and in consideration of the sum of ___ dollars, upon receipt will be acknowledged, the undersigned hereby waiv...

On the form preliminary 20 days notice who have to sign on proof service affidavit?

The lenders on this job are distributing progressive payments directly to the owner. The owner is holding moneys from the general contractor, this has been going on practically from the beginnig of the job. I have completed my work. It has been over sixty days now and the owner i...

I signed a contract with general contractor to do repairs on my house for the amount that the insurance company pays. I'm dealing with all different subcontractors. I'm told that I'll get a detailed written invoice at the end of construction. How do I know that if they dont pay...

A notice of commencement was recorded 9 months ago for some replacement windows at our house. The job has been completed and paid for and all permits have been finalized. I am seeking to refinance and the title company says they can't release the title due to this Notice of Comme...

We are a material supplier located in Oregon and supplied cabinets to a family member living in Tennessee. The residential project is being abandoned unfinished and will go to the bank in foreclosure within 90 days. Although the cabinets were delivered in June of 2006, some ha...

We are a supplier of windows/doors in Va and NC. We supplied windows to a school project in in Statesville, NC to one of our commercial contractors. The contractor has requested a 3rd party lien waiver release proving that we have paid for windows and our supplier will not lien t...

My contractor finished work on my house in Gilbert 6/30/08. She did not send me a final bill until 11/08. She has not justified the bill and I call into question the amount. There was not a contract. I have paid her $18,000. Can she still file a lien against my house?

If the owner paid the contractor in full, but the contractor fails to pay subcontractors or fails to pay for the materials, can the sub contractors or the store place a lien on the owner and property? The materials were taken from the store by the contractor who had an 'open' ac...

I am a licensed contractor in state of AZ. I last worked on a property March 8, 2009. I provided materials and labor to the property. I did not fill a Pre Lien notice. Can I still file liens on this property?

I hired a contractor to do a bathroom remodel - he was paid in full - he did not pay for goods used. They put a lien on my house. What recourse do I have? I don't think I explained myself clearly. I don't need to know about liens. I need to know what I can do to get the contra...

A lien was filed on Sept. 18th 2008 on my property but no notice was sent to me. I found out about it and was told by the clerk I could file a 'Contest of Lien' which I did last week. But the lien was filed more than 90 days after the last day of any work. Can it be voided and w...

What ways can a contractor lose there lien rights?

We need to file a mechanic's lien today for a balance due on a 9/08 residential contruction job. Do we need to file it with the court or just the town clerk's office?

We are a subcontractor that has put a lien on 2 different commercial properties due to the fact that the contractor has not paid us in full. The contractor has placed a bond on this. What is our next step? Do we file a civil suit? If yes, how do we get this paperwork? Are ther...

The general contractor forced me to sign a lien release that was for $407,000. I had only been paid $289,000 (inclusive of the subject payment). I performed an additional $150,000 of work after the date of the release. The owner fired the general contractor from the job. I f...

What form do I use to sue an apartment complex for which I did roof repairs and still owes me $22,400.00? I filed a lien, but now I want to sue (pro se).

In Rhode Island, can an architect file a lien on a project where he provided professional services?

We paid a licensed contractor for sheetrock, they did not pay the supplier, the supplier filed a lien but has not filed a lawsuit within 120 days to enforce the lien, yet the lien is still on our property, how do we get this removed?

iF AN OWNER FAILS TO SEND A CA-020-09 NOTICE OF COMPLETION TO A SUB CONTRACTOR WHO HAS FILED A 20 DAY PRELIM, WHAT RIGHTS DOES THE SUBCONTRACTOR HAVE TO COLLECT MONIES STILL OWED AFTER 30 DAYS PAST THE NOTICE OF COMPLETION WAS FILED?

as a subcontractor, we provided material,fabricated in FL, delivered to job site in GA, General Contractor is based in FL, working on the jobsite in GA. How do we file a Notice to Owner, what lien laws apply?

Can you be charged criminally as a contractor if you have been paid in full on a contract and the subs haven't been paid and leins are being filed?