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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117370
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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CAN I SUE TO PREVENT A MECHANICS LIEN? MY GENERAL CONTRACTOR

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CAN I SUE TO PREVENT A MECHANICS LIEN?

MY GENERAL CONTRACTOR DID NOT SECURE PERMITS AND FILE INSPECTIONS, AND HE KILLED 2 TREES (50' TALL) BY BURYING THE TRUNKS. THE DYING LIMBS NOW HANG OVER MY TRAILER!

ALL THIS CAUSED ME TO BE INVOLVED WITH THE TWP. INSPECTORS, REGULARLY - WHICH WAS NOT A GOOD EXPERIENCE. I WAS STILL LIVING 60 MILES AWAY WHEN POSSIBLE.

INSPECTORS AND THEIR BACK ROOM OPS PUT ME IN A BAD SPOT, TOO. THEY SENT LETTERS IN THE MAIL THAT WERE OBTUSE IF NOT INDECIPHERABLE. THIS WAS WHAT I HIRED THE GC FOR - TO DO IN PERSON WHAT I DIDN'T WANT TO DO!
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You can sue first, but the mechanic can still place a mechanic's lien unless you put up a bond to secure payments. However, it seems from what you are saying the contractor is in breach of contract which means you would likely end up the victor on the suit. You filing suit does not necessarily stop the mechanic's lien I am afraid until the court decides on the lien.



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Customer: replied 3 years ago.

Might the costs to me, indeed double as their attys. say / threatened if I contest, don't pay, take them to small claims, go to the BBB?

Thank you for your response.

You could incur more attorney's fees from the contractor only if you lose your case, yes. But if you win the case you would not incur those fees.
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