Legal Question in Construction Law in Mississippi

contractor's lein

If we received from the contractor at the end of the job a bill titled balance and wrote on the check final payment. Can the contractor after 2 month come back with an additional bill and put a lein on my property if iI refuse to pay


Asked on 10/05/07, 10:43 am

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: contractor's lein

Dear Inquirer:This is in response to your inquiry regarding your builder's invoice and lien.

While I have been a Registered Architect and Attorney for more than thirty years, I am not admitted to practice law in your State, I can offer you only general advice, including a suggestion you contact a local Attorney ASAP.

Anyone can assert anything, at any time. The only real test, under the law is, can they prove it in a court of law?

Your builder or contractor appears to be a scoundrel. Your cancelled check is evidence enough that you've paid him fully. However, you can challenge his lien. If, in fact it's an unlawful or invalid lien, you may have the right to file an action (lawsuit) against him for slander of title, and for damages. You may also wish to assert a claim for attempted extortion and intentional fraud.

Please retain an attorney ASAP and don't put up with such outrage.

Good luck.

Sincerely, J. Norman Stark, Cleveland, OH.

Anyone can

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Answered on 10/05/07, 11:29 am


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