Can a lawn mowing company put a lien on our business?
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Can a lawn mowing company put a lien on our business?
We are a business that hired a lawn mowing company in 2011 to cut the grass.
Our owner signed a contract in 2011 for a One year term contract. Part III,
section C of this contract states ‘I have fully read the above terms and
conditions and agree to be bound by them. This is a yearly contract that
renews on the same start date each year unless notice of cancellation is given
one month prior to the next start date.
We ‘fired’ this lawn cutting service March 23rd, 2017 this year. It is
important to note that we ‘replaced’ this service with another service for a
couple of reasons. 1 cost, and 2 frequency of the grass cutting.
The company that we ‘fired’ is demanding payment without services through
Sept. 2017 and is threatening to put a lien on our property. Seriously? Can
they do that?
Asked on May 23, 2017 under Business Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
They should not be able to do this: a contractor's lien in your state is for those who do work or provide materials to build or improve a home; lawn service, mowing, etc. should not fall under that. They can sue you under the contract, however: if it was a one-year contract without an early cancellation clause, you owe for the balance of the year. If sued, you could try to defend on the basis that they breached the contract first, by not cutting the lawn as requently as they were supposed to, for example, or otherwise not providing contractually agreed-upon services. If you can show that they violated their obligations in a "material," or important, way, you should be able to escape liability.
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