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How to dispute a mechanics lien

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CGoldie

Junior Member
What is the name of your state (only U.S. law)? South Carolina

I hired a general contractor to renovate a property of mine. The work ended up well below acceptable standards, to the point that 3 RE agents state the house cannot sell for market value. I gave the contractor ample opportunities to remedy his work but he would not and I refused to pay remaining balance. He has since filed a mechanics lien against my property.
The options several lawyers have proposed are a cash bond, which is lien amount plus 30% and approx. 10-15,000 in legal fees. Lien is $7700. Other option is pay the lien which would not leave enough money to hire another contractor to correct the work.
I have to gone to the courthouse and they offer no help in even telling me what to file to dispute this lien. All I want to do is have an opportunity to present my case as to why he shouldn't be paid. Can anybody offer any advice on how to file a dispute? I know every jurisdiction is different but there may be a little common ground.
This is Lexington County, SC
 


adjusterjack

Senior Member
The contractor would have to file suit against you within 6 months. If he doesn't sue by then the lien dissolves.

You really don't need the lien released unless you have to sell your property in the next six months.

However, that doesn't stop him from suing later on. He has six years from the date of your default to sue for breach of contract.

One option is to wait him out and see if he sues you for the money.

If he does sue you, that's when you will be able to defend and/or countersue and plead your case in court as to the shoddy workmanship.

Another option is to sue him now and seek a declaratory judgment to resolve the issue.

Either option is going to cost you in attorney fees along with the cost of expert testimony about the shoddy workmanship.
 

CGoldie

Junior Member
Thanks for the response.
The plan was to sell the property within the next couple months so I would like to make an attempt to release it. Going through small claims court and suing for the max of $7500 isn't difficult, only problem is the lien is filed with a different court here, can't recall of the top of my head. I have serious doubts he would try to sue or foreclose to collect as that would cost the same $10-15,000 it would cost me to defend it.
Thinking seriously about pushing the small claims route, hopefully being awarded a judgement and then negotiating a lien release in lieu of the judgement being filed. Maybe?
 

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