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papacnt · Sep 21, 2007, 06:14 AM

What is a construction lien and how are they settled

papacnt · Sep 21, 2007, 06:18 AM

What is a construction lien and how are they settled when they are served on the buyer

papacnt · Sep 21, 2007, 06:27 AM

The builder hired a contractor to install lawn at my new house the contractor did the job and because I did not pay the contractor for this wor he has put a claim of lien on my house for non-payment

papacnt · Sep 21, 2007, 06:37 AM

The builder hired a contractor to install sod on my new house with the agreement that he(builder) will pay half and I will pay half The work has been done and I think the builer has paid his half but I the owner has not paid my portion The contractor has had his lawyer write me a letter of construction lien on my property for non-payment Can the contractor take my house for non-payment,What is the order for this claim

rockinmommy · Sep 21, 2007, 06:40 AM

Generally, when there is a contract for work, the work is completed and the contractor has not been paid they can file a lien against the property where the work was performed. What it does is attach to the title of the property. Whenever you go to sell your property and a title search is performed. That search will reveal this lien that needs to be paid before the new buyer of the property can get the title transferred to their name without becoming responsible for the lien.

Some questions I have are:
-Who contracted the landscaper, you or your general contractor? Who is/was responsible for paying them?
-Why haven't they been paid? Was the work unsatisfactory?

Karla in TX

rockinmommy · Sep 21, 2007, 06:42 AM

I just answered you in another one of your posts.

It is not necessary to continue posting the same question over and over. Sometimes it just takes a while for someone to come along who knows the answer to your question.

LisaB4657 · Sep 21, 2007, 06:43 AM

They can't take your house but now there will be a lien against it. You will not be able to sell or refinance your house unless the lien is paid and removed.

I suggest that you pay the amount due. If you have a good reason for not paying the contractor your share then I suggest you retain an attorney to get the matter resolved.

ScottGem · Sep 21, 2007, 08:53 AM

First, I've merged your 4 questions into one thread. If you need to add info to a previous question you can either edit the post or add a reply to the thread. Having the same question in different threads can confuse things.

Second, WHY haven't you paid? As explained the contractor is entitled to file a lien against the home for non-payment of work performed on the home. The lien is an encumbrance on the sale of the property preventing transfer until the lien is sataified. So they can't force the sale, but you can't sell unless it paid off. But if the contractor thought the work was done and paid off their portion why haven't you?