Home > Research Legal Advice > Lawsuits / Disputes > Can a drywall contractor who I hired directly perfect a lien on my prope...
Asked over 1 year ago - Vancouver, WA
FlagThe contractor who did the work had a project manager quit right after the job started and after that I had to manage the job. Most of the change orders were verbal and they agreed to do a texture that would match a picture I had. Then they had different workers perform work and it was not the same as previous workers as far as the style and finish of the texture. I had to research how they could achieve the desired result ( texture) and they did not follow the procedure so results were not satisfactory to me. They underbid the job and when the owner finally came and looked at the job he simply said the job was up to industry standards and he was losing money, he was done so pay up. The amount of the job was $18,000.00 and I have paid all but $5000.00 and he leined me for 6000.00.
The short answer to this question - I believe - is yes, the contractor can file the lien. A lot of times, property owners and contractors will dispute about the amount owed under a construction project and the workmanship of the contractor's services. However, these are questions that are not usually addressed by Washington courts in proceedings to have a mechanics lien removed.
Whenever a lien is filed, anyone can "challenge" the lien in court. This is done by filing a motion to dispute the lien. I wrote about this in a blog post on my blog, the Construction Lien Blog and a legal guide here at Avvo.com on the subject. Both linked below.
Courts, however, usually look to just see if the lien was filed technically correct. They do not look to the underlying merits of the parties' arguments (i.e. workmanship issues). If the lien was technically filed correctly, you'll likely be unsuccessful challenging the lien. And, then, you'll be obligated to pay the contractor's attorney fees for challenging the lien.
I suggest you look to make sure the lien was filed on time, notices were given, the contractor was licensed, and the lien is otherwise technically correct.
The answer is state specific. I do not practice in Washington state, however as with most states there is likely a statute pertaining to when a contractor can place a lien on your property for unpaid work. You should research the actual statute. In my home state the contractor can do it for the value of the materials and labor unpaid so long as there was a written notice of his rights in the contract or documents you exchanged prior to the work being done. The question in your case is what is that value of the unpaid work. I would suggest you try to compromise with the contractor, offering some of the outstanding balance as a full settlement of the lien. Then after settlement you would have the contractor provide you with a release of the lien you can file. Generally these type disputes get resolved in the contractors' favor because there are a number of people that try to avoid paying for work on their homes. I do hope you can resolve it with him without court intervention.
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