Construction Projects Gone Bad
The construction business often involves liens. Liens assist contractors, sub-contractors, and material suppliers to get paid for services and supplies. For instance, a Mechanic’s lien represents an amount of money due for work or supplies to improve or repair the property.
They are useful in that they are “the last resort” for non-payment of construction projects and put the property owner on notice of a claim for payment. These liens are an excellent tool for an honest, hardworking person who contracts or is a party to a contract.
Abuse of the Mechanic’s liens happens. There are dishonest parties that claim a lot of things that are just not true.
These criminals are out to make money on fraudulent claims or particular projects. Liens are filed fraudulently by these slick individuals, and it up to you to know to recognize a dishonest lien claimant. Now is the time to speak to an attorney. Find out what you can do to make sure that you take the correct course of action to avoid being ripped off.
Not a Great Idea to file a False Claim
This powerful tool comes with great responsibility. Filing a fraudulent lien caused an unfair expectation that all liens aren’t crooked. The punishment for a fraudulent claim can become a high cost and a significant burden to bear.
Natural Disasters Bring Out the Best and the Worst in People
Natural disasters lead to a lot of construction work. With that said, construction jobs come with shady and bullying contractors looking to make a quick buck. For instance, they use intimidating tactics and take advantage of a victim’s desperation.
Be Aware of Traveling Contractors
A contractor may not be from the area and go from homeowner to homeowner collecting down payments and then disappear. They may contract with you and then claim that you breached the contract somehow and file a lien. Be aware of such indiscriminating individuals.
Examples of Fraudulent Liens
- Inflating a lien claim amount or making one up.
- They are placing a lien against a property where the lien claimant has performed no work.
- They are filing a lien after the property owner has already paid for services and supplies.
- When a substantial amount of work has not been completed, and the lien filer includes added costs incurred for corrective action. There may be faulty work performed on the project.
Punishment for Fraudulent Liens
The sentence of a fraudulent lien will be harsh. A dismissal of the complaint and the filer may be Court ordered to pay for damages and attorney fees for filing a bogus claim. The reason for a lien is to make sure that contractors and subcontractors get paid. Dishonest people will have to pay damages more than what they are claiming is owned by an innocent property owner.
Service providers are criminals when they are dishonest. Fabricated claims that are fraudulent are not acceptable. Greedy contractors and subcontractors will claim work that wasn’t done or overcharge for completed work. These creative-minded criminals are real villains.
The consequences of exaggeration or lack of services or supplies may lead to a criminal prosecution and jail time. You must preserve any proof of the inaccuracy of their claims to win a case in Court.
In conclusion, a fraudulent filing can bring woe to the crook. It can be humungous in terms of attorney fees. An improper $34,000 lien claim escalated into a nearly $500,000 award against the outrageously corrupt claimant. Consequently, almost $47,000 was an award for attorney fees to the victorious attorney fighting for the rights of the aggrieved party. If you find yourself a victim, call the Law Office of Massey & Duffy today for a free consultation.
In conclusion, filing a fraudulent claim will not be a wise choice for the lying crook. There may be a massive award of attorney fees. If you are a victim of a fraudulent claim resulting in a mechanic’s lien, call Massey and Duffy for a consultation.