Can a Contractor Put a Construction Lien on my House without a Contract?

This blog can assist you with the following questions:

How can contractor lien without a written contract?

Does a contractor need a contract to register a construction lien?

Can a verbal contract be relied upon to register a construction lien?

If you are a homeowner and you have been threatened or served with a construction lien by a contractor who has performed work to your home than you may be wondering – how can a contractor put a construction lien on my house without a contract?

Well, the first thing to understand is contract law. Simply put, a contract can be in writing or verbal. A verbal contract between you and your contractor whereby you authorize the contractor to perform construction services to your house would theoretically, in conjunction with the lack of payment, permit the contractor to register a construction lien against your house.

While it is important to put in place written contracts, the reality is that many contracts and especially construction contracts are negotiated through alternative means such as verbal arrangements or through email or text message correspondence.

In circumstances where you have a verbal contract with a contractor to perform construction services at your house, the contractor may rely upon email and text message communications, photos of the construction work, invoices and quotes, and other paperwork relating to the project to establish a contract between the parties.

If you have any questions or concerns relating to a construction lien which has been registered against your property without a written contract, then feel free to contact our construction lawyers at 1-877-892-7778 or info@falconlawyers.ca for a free 15-minute consultation.

By: Raz Toor

November 12, 2021

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