Legal Question in Construction Law in Michigan
Dismissal of Property Lien
Last year, a lien was put on our property by a builder. The amount he says we owe him is less than $2,000. Part of the work he did finish but it was work that we later had to have another contractor fix, and part of the work was not finished based on our original agreement. We have documentation and witnesses to prove our side.
We decided to wait out the year with the thought that he wouldn't pursue this in court. The year is up at the end of September. What action(s) do we need to take to get the lien off of our property? The monies to ''cover'' the lien is in escrow with our title company. Do we need to inform them as well?
1 Answer from Attorneys
Re: Dismissal of Property Lien
So the contractor is not willing to voluntarily discharge the lien? Because that would obviously be the easiest way to go. Verify that first, before doing anything else. I would also threaten to sue him for placing a false lien on the property because if he didn't finish the work, or screwed up the work he did do, causing you to hire someone else, then you don't legally owe him any money, and he is being a jerk by placing an improper lien on your property.
If you want a lawyer, such as myself, to send him a letter, let me know. This might work - but it depends on how stubborn he is.
Here is a link to info regarding liens and the process - make sure he followed the right steps when recording.
http://tcattorney.typepad.com/constructionlien/
You are going to have to sue him to have it removed/resolved. Keep in mind that he will likely counter-sue or defend by stating that he is owed money, and you will have to prove why you don't own him money, such as having the second contractor testify that he had to fix the mistakes from contractor #1.
Sorry so long - hope not too confusing.
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