Legal Question in Real Estate Law in Minnesota

mechanics lien

I hired a company to do a landscape design ( i do not believe is licensed in general contracting or landscape architechture )and then gerneral the entire project-ie pool-hardscape-move water lines ect. The pool part of project has been a nightmare. 6 months and now it will not be finished until spring. She was unable to resolve the problems with the pool company so my husband had to take it over to get results. She now wants to be paid her 5% fee for supervising that portion of the project. She has been paid in full for everything else but we do not feel she earned that portion of the fee. She is now threatning a mechanic lien. We did sign the mechanics lien from when we signed the contract, not thinking she would not do her job. What are our options? Its not the dollar amount that is hard to swallow it is the principle that she did not do her job on that portion of the project. Thank you for any advise!


Asked on 12/17/06, 10:53 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: mechanics lien

Your options are really very limited. You can contest the fee. If you do so, it is likely that she will file a Mechanic's Lien. At that point, you would be required to bring an action to remove the mechanic's lien and contest the payment under the terms of the contract.

You may wish to have a lawyer review your contract and correspond with the person in question. For a consultation, call us.

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Answered on 12/18/06, 4:32 pm


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