How do I fight the construction lien against my property?
04/28/2009 - Category:Contractors - Construction Liens - State: ALL #16289
I asked a contractor for a bid and told him what I was expecting for cost per sq ft. He said that was doable. The bid came back at 4 times what we discussed. I think he was deceptive and wanted to take me for what he could. How do I best fight the Mechanics Lien he put on my building?
There are formalities that the state statutes require in order to create a valid lien. If these requiremenys aren't met, the lien may be invalidated. For example, a lien claimant must file a Statement of Lien within one hundred twenty (120) days of the completion of work or forfeit his/her claim of lien. A Statement of Lien must be filed with the county recorder within one hundred twenty (120) days of the completion of work. A copy of the statement must be served personally or by certified mail upon the owner or his agent.
The lien claimant also has a limited time within which to enforce the lien. Minnesota requires a lien claimant to bring a legal action to enforce the lien within one (1) year of the date of the last labor, skill, or material provided.
The owner, within 15 days after the completion of the contract, may require any person having a lien hereunder, by written request therefor, to furnish to the owner an itemized and verified account of the person's lien claim, the amount of it, and the person's name and address. No action or other proceeding may be commenced for the enforcement of the lien until ten days after the statement is furnished. It is possible that such an account may be proven to be excessive based on the facts and circumstances involved. . Based on all the facts, circumstances, and documents involved, it may be possible to claim that there was no meeting of the minds and therefore, a valid contract wasn't formed. If the evidence shows that fraud was involved, such fraud may void the contract. However, if the price was stated in the bid and the bid was accepted, later regrets regarding the price terms typically won't invalidate the contract. In order to have a contract invalidated for being unconscionable, it must be proven that no reasonable person would agree to it.
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04/28/2009 - Category: Construction Liens - State: ALL #16289
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