consturction law
if a contract is invalid, does the contractor have the right to put a lien on my property?
Re: consturction law
I would only add to Mr. Meyer's answer that it is up to a judge or jury, not an interested party, to conclude whether a contract is "invalid" or not. The contract may be void, voidable at the option of one party, partially voidable, enforceable but for lesser damages, enforecable in part but not entirely, or maybe perfectly valid, with all sorts of intermediate-level possibilities. The safe course is to understand that the contractor probably has the right to file a lien, but mechanics' liens are but a minor and commonplace step on the long road to enforecement and foreclosure, and you will have plenty of low-cost, non-threatening opportunities to remove the lien, have it go stale, or show that the amount claimed under the lien is not really due.
It's something like when the cop shines his red light on you because your license plate is smudged. That doesn't mean at all that you are going to jail for driving a stolen car. In both cases, it is only step one in handling a remote, but possible, claim.
Re: consturction law
I would only add to Mr. Meyer's answer that it is up to a judge or jury, not an interested party, to conclude whether a contract is "invalid" or not. The contract may be void, voidable at the option of one party, partially voidable, enforceable but for lesser damages, enforecable in part but not entirely, or maybe perfectly valid, with all sorts of intermediate-level possibilities. The safe course is to understand that the contractor probably has the right to file a lien, but mechanics' liens are but a minor and commonplace step on the long road to enforecement and foreclosure, and you will have plenty of low-cost, non-threatening opportunities to remove the lien, have it go stale, or show that the amount claimed under the lien is not really due.
It's something like when the cop shines his red light on you because your license plate is smudged. That doesn't mean at all that you are going to jail for driving a stolen car. In both cases, it is only step one in handling a remote, but possible, claim.
Re: consturction law
I would only add to Mr. Meyer's answer that it is up to a judge or jury, not an interested party, to conclude whether a contract is "invalid" or not. The contract may be void, voidable at the option of one party, partially voidable, enforceable but for lesser damages, enforecable in part but not entirely, or maybe perfectly valid, with all sorts of intermediate-level possibilities. The safe course is to understand that the contractor probably has the right to file a lien, but mechanics' liens are but a minor and commonplace step on the long road to enforecement and foreclosure, and you will have plenty of low-cost, non-threatening opportunities to remove the lien, have it go stale, or show that the amount claimed under the lien is not really due.
It's something like when the cop shines his red light on you because your license plate is smudged. That doesn't mean at all that you are going to jail for driving a stolen car. In both cases, it is only step one in handling a remote, but possible, claim.
