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The “L” word your building contractor can’t resist has a catch.

Writer: W. Cory Reiss
W. Cory Reiss
Aug 3, 2020
2 min read

Updated: Feb 16, 2021

When you find yourself in a payment dispute with your general contractor and he starts dropping a four-letter word into the conversation, don’t be surprise if it’s “lien.”


State law permits a contractor to record a claim of lien on real property to secure payment of an outstanding debt for construction work and materials, and then he can sue to enforce it.


Property owners cringe at the thought that a contractor demanding full payment for work not yet performed or refusing to fix defective work could obtain a legal interest in their homes. Make no mistake, a claim of lien on real property is a serious threat that could end in foreclosure so the contractor can get paid.


A significant advantage to filing a claim of lien on real property is that unlike in most legal disputes, the contractor may be awarded his attorney’s fees. The risk is that a homeowner fights at the peril of paying both the contractor’s fees and her own, which tends to embolden contractors who probably shouldn't be so sure of themselves.

Depending on your situation, though, the threat of fees may be double-edged.


To be eligible for attorney’s fees, a contractor must obtain a judgment of at least half the amount he claimed to be owed. If he collects less than half, then the table turns, because the owner is eligible for fees from the contractor.


That’s where the math becomes critical. Owners sometimes tally items that were not performed despite being charged for the work. In some cases, the contractor caused damage to the property or refused to fix punch list items at the end of the job. Those issues may provide offsets to the amount a contractor would claim on a lien, which raises the possibility that the contractor may have to pay the homeowner’s lawyers to defend a lien enforcement action.


But it’s best to know what the evidence on those issues is going to be before papers start getting filed, because by the end of a lawsuit, “lien” isn’t going to be the four-letter word on a loser’s lips.

10 Comments


itscalcsolver
itscalcsolver
6 days ago

Understanding the terms in a construction contract is essential before agreeing to any deal. Homeowners should review the conditions carefully and ask questions about potential costs or limitations to avoid surprises during the project.

For checking project budgets and working out figures, online calculation tools can help users calculate costs, percentages, and other everyday numbers quickly.

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Eron Finch
Eron Finch
Oct 05

Interesting point about the hidden catch behind promises from building contractors. Clear communication and realistic expectations can make a big difference when managing any construction project. For businesses also looking to improve their online visibility and marketing strategy, Top marketing agency can be worth exploring.

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Eron Finch
Eron Finch
Oct 01

The point about contractors using attractive language while the fine print tells a different story is a good reminder to look beyond the headline. Whether dealing with construction costs or planning a home purchase, understanding the details can make a big difference. I found mortgageline.ie useful for exploring mortgage options and getting more clarity before making a property-related decision.

   

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ffnick name
ffnick name
Sep 12

This headline really grabs attention contractors often get drawn in by promises of quick liquidity or lenient terms, but the fine print on financing or lien-related clauses can turn a good deal into a costly mistake down the line. Always worth reading between the lines before signing anything! On a side note, if you're into gaming, check out some cool gaming names for Free Fire!


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Eron Finch
Eron Finch
Jul 30

Interesting read. The article highlights how contractors often use appealing terms that may come with hidden considerations, making it important to research and understand every detail before making decisions. Just like choosing the right services or platforms, users should always review features, reliability, and risks carefully. For those interested in mobile entertainment options, 2J Bet Game provides information about its gaming platform and available features.

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