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Power of Attorney Holder Tries to Practice Law – Loses Mechanics Lien Case

| Aug 31, 2016 | Construction Law |

The recent unreported case of Baker v. L & E Bustamante Concrete Co., Inc. shows that a Maryland court is not required to force a subcontractor to prove how much a homeowner owes the general contractor when the sub seeks a mechanic’s lien. This is the case even when it is suggested to the court that owner fully paid the general contractor. In Baker the homeowner’s son had a power of attorney and tried to act as the homeowner’s attorney. Note to potential wanna be lawyers. You have to pass the bar to do that. A power of attorney does not make you the type of attorney that can practice law. Anyway, the wanna be attorney son informed the court that the debt to the general contractor was paid in full. If this were proven the proper way, the sub could not get its lien. The court held that a statement by a wanna be attorney was insufficient to require the sub to prove money was owed. 

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