Registering a lien under the name of the company contracted to do the work seems straightforward enough. However, when the name on the lien isn’t the same as on the original contract, and the owner claims not to recognize it, can the lien be ruled invalid
“Blueprint Custom Homes c/o Scott Klippenstein” was hired to build a custom home. A year after work had begun, Klippenstein had not received payment. He registered a lien against the owners. However, he did so under the name of his corporation, Klippenstein Development Corp. .
The court learned Blueprint Custom Homes was, in fact, the registered trade name of KDC and Klippenstein was a shareholder and director. The defendants responded a “stranger” to the owner can’t file a lien and that they had the right to know who was doing the work and who is claiming the lien.They maintained they thought they were dealing with a proprietorship, and if otherwise, it would be up to the contractor to advise who they are acting for, lest they themselves become personally liable.
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