Jump to Navigation

Blog Post

Can a project owner sue a contractor for slander of title on the basis that the contractor's mechanic's lien lacks merit? The answer is no.

Posted by: Jonathan Bowne
January 06, 2012
Topic: Mechanics Liens, Stop Notices and Payment Bonds

Project owners facing mechanic's lien claims they believe lack merit will often threaten to retaliate with a slander of title action against the claimant. But the law generally does not allow a slander claim against a lien claimant, even if the claim lacks merit. In a recent appeals court case a project owner sought to have the court create a lack of merit exception to this rule. The court refused to do so, instead confirming that even unmeritorious lien claims are privileged acts and not subject to a slander claim.

Learn more about this recent case and this issue generally by reading our article on the subject at our website, here.