{"id":896911,"date":"2020-01-07T15:15:31","date_gmt":"2020-01-07T22:15:31","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=896911"},"modified":"2020-01-07T15:15:38","modified_gmt":"2020-01-07T22:15:38","slug":"turning-lien-claim-into-criminal-claim","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/turning-lien-claim-into-criminal-claim\/","title":{"rendered":"Turning Lien Claim into Criminal Claim?"},"content":{"rendered":"\n

Stanley A. Martin | Commonsense Construction Law<\/a><\/p>\n\n\n\n

A New York case that started with a contractor\u2019s lien claim showcases a poor intersection between the legal and political system. But a County Court judge saw through the machinations of a district attorney and dismissed criminal charges that had been filed against the contractor.<\/p>\n\n\n\n

The contractor performed construction and renovation work for a property owner, and by the end of the project had submitted 15 change orders (4 deductive and 11 additive) with a net increase of 4% to the overall contract. When not fully paid, the contractor filed a mechanic\u2019s lien.<\/p>\n\n\n\n

The local District Attorney, at the request of the property owner, conducted an investigation. The DA then charged the contractor with grand larceny and falsification of business records in conjunction with the lien claim. The court decision indicates that the contractor justified and supported the changes and total amounts claimed.<\/p>\n\n\n\n

The court\u2019s decision, available here<\/a>, demonstrated that judges can see through efforts to use the legal system for improper purposes. The judge noted, based on publicly available records, that the property owner \u2013<\/p>\n\n\n\n