How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11559
Experience:  30 years experience in property law.
31090051
Type Your Property Law Question Here...
JGM is online now

Not long sacked my contractor due to breach of contract. He

Customer Question

Not long sacked my contractor due to breach of contract. He is demanding further payment of work which I believe is rubbish as we have paid him to date and to stage payments. He is now with holding materials which have already been bought and paid for. Can he put a lien on my property. He last worked a month ago, and since his demands he is refusing contact, which we have tried several times. Can he put a lien on my property and if so should he notify us?!? I am based in Scotland.
Submitted: 3 years ago.
Category: Property Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
A lien is valid over moveable property under the law of Scotland. However, if there is no money due, then there can be no lien over the materials he is retaining. You may have to do to court and ask for delivery of the materials which failing payment of the cost of same.
You can't have a lien over heritable property such as your house. There is an order called an Inhibition which a party pursuing a debt can apply for. That prevents the owner from selling or otherwise granting any security over their house. To get an Inhibition, court proceedings would have to be raised for payment and the court would have to authorise the inhibition which would have to be intimated to you. You would be given the opportunity to seek a recall of the Inhibition.
Happy to discuss further.
JGM and other Property Law Specialists are ready to help you