Written by attorney Scott G Wolfe JR

Can You File A Mechanics Lien without a Written Contract?

It's extremely common for contractors to do work on a job without a formal written agreement. And when payment problems arise on these jobs, it's common to want to file a mechanic's lien. But, can you file a mechanics lien without a written contract?

The answer to this question depends.

Each state treats this question differently. And then, even within each state, there are details to determine whether a contractor was even required to have a license.

There are generally 4 different ways this question can be handled: 1. Some states strictly require a written contract to file a lien 2. Some states specifically do not require a written contract 3. Some states have rules with certain exceptions that may apply 4. Some states are just silent on the subject

You'll need to figure out which state laws apply to your situation. This video will help you understand the landscape.

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