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my contractor walked away from building my new home in Ohio and now has filed a lein on my home
Coolville, OH
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Posted 5 months ago in Construction / Development
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I have multiple problems with the home including the roof leaking, porches sinking due to not properly securing the fill dirt, wood floors bowing due to them getting wet, ect.... the last draw on the house was in the amount of 30,600. the lein was put on my house in the amount of 47,000 and the lumber company where they got supplies put a secound lein for 8,900. They did not even complete all the work and left the job after a year of working on the house. I was originally quoted 3 months to finish the house. They also are trying to charge for "extra's" that I did not agree on. Is this a fradulent lein and what can I do to get these removed.
Answers (1)
Faye Danielle Cox
This attorney is licensed in Ohio.
Posted 4 months ago.
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First, if your contractor received the full amount of the construction contract, he can not now lien the property for more money. Secondly, if you have in fact paid the full construction contract price then any sub is also precluded from liening the property. You simply have to file an affidavit with the County Recorder verifying the fact and the liens will be held void. If you did not pay the full construction contract price you can send a letter to the contractors letting them know that only the amount of the contract outstanding will be paid in portion to the lien. Finally, you may also want bring an action against the contractor for breach of the Consumer Sales Practices Act as well as Breach of Contract and Negligence as well as other potential claims.
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