Legal Question in Construction Law in New York

lien

Can a contractor put a fraudulent lien on your house, release it and immediately file a lien for a different amount and reason?


Asked on 2/12/07, 8:11 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Re: lien

Of course he can. He can also sue you for a million dollars because the sky is blue. In other words, the fact that he can file a lien does not mean he will recover anything. However, you may be in for a bit of expense, at least in terms of paying up front expenses. Whether you can recover those expenses back from the fraud-speaking contractor depends in large part on how the contracts are written and whether the contractor has the means and responsibility to pay those expenses. You can't extract blood from a turnip.

You need to speak with a lawyer. The lien can trash your credit rating, because "housing credit derogs" are among the worst things that can happen to your credit rating. If the lien is bogus, the defense of the lien can cost as little as $5,000 to $10,000. You can spend lots more depending on how complex the case is and how good the contracts are. Feel free to contact me off board at kjconnollyesq at yahoo dot com.

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Answered on 2/22/07, 8:43 am


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