I was having a room remodelled. The contractor removed the whole room, floor to roof, then charged me an additional $10,000. Then he did not build the roof to plan among other things, so I let him go. now he has a lien on my house and is threatening to sue, is this legal?
2007-01-19 13:56:48 · 11 answers · asked by FEELINGBURNED 1 in Home & Garden ➔ Decorating & Remodeling
Sure...he can sue....and you can defend yourself. Anyone can file a suit....it's up to a judge to determine if the suit has any merit.
2007-01-19 14:00:19 · answer #1 · answered by Yep! 4 · 2⤊ 0⤋
Yes he can sue. You can sue. Everybody can sue. Best thing for you is to have all your contracts with him and estimates together. Than you need to document everything that has transpired between you two. From the time he walked in to bid on the job. Try to make sure you have dates, time and what was said and written . Good documentation is what wins in court. Also pictures before, during and after you let him go. Don't forget mental anguish. Get a couple of estimates on how much it will cost to repair what he has done. Get three estimates, the reason that's the number is so its a fair price and or bid. You can speak to some lawyer once for no fee to get there idea if your on the right track. Or higher one if need be, but documentation usually speaks for itself. Make sure you respond to the lien. Most times you have 10 days to respond if you don't you forfeit. Write the court a.s.a.p. and let them know why this is going on. He thinks because you have a lien you will just pay up. If what you said is true you should come out the winner. Do not speak to him as this can cause more problems. You should also contact the better business bureau and what ever the aviator a couple above me said. You have a lot to do so get going and good luck. Don't forget to enter court cost. This should be on his dime.
2007-01-19 14:57:19 · answer #2 · answered by ascendent2 4 · 0⤊ 0⤋
Sure he can sue , anybody can file a suit. But if you had plans drawn and he agreed to do the work and did it different than the plan. He is in breach of contract.. The contract was formed when you hired him. Cross file on him, take pictures of the work he did and copy or plans, also copy of checks you payed him with, to a lawer.
2007-01-19 15:02:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Did you have drawigs done?Maybe not necessary as only one room.Did you have a description of work?This is called a specification.The key is the rebuilding of the roof.Can you prove it was not as wanted? If so he will lose any court case.Did you approve the changes which resulted in extras.The money claimed very high.What was the original qouted price?It is legal,but I think he will lose.
2007-01-19 14:15:22 · answer #4 · answered by jjinbkk 3 · 0⤊ 0⤋
Anyone can sue anyone in the USA, that is the recommended way of resolving issues instead of shooting people -
We go to court. ( you didn't want shooting did you)
If he failed to build to spec, then you had a right to terminate him.
Bring the proof to court and the judge will throw his case out . . . ( you did save the hard copies of the plans and contract didn't you ?)
2007-01-19 14:07:56 · answer #5 · answered by kate 7 · 0⤊ 0⤋
You should of had a work order done on the house. Once he started doing his own thing he voided that. He is just trying to scare you.
2007-01-19 13:59:34 · answer #6 · answered by foodguru 4 · 1⤊ 0⤋
,did you get a permit to remodel? if you did ,he had to have a blue print and has to go by it ..ask at the zoning board if the permit is on file they can go after him if he did not get a permit .....he will lose his contractors license
get a lawyer
2007-01-19 14:10:15 · answer #7 · answered by alleykhad607 5 · 1⤊ 0⤋
Yes. He will loose but lawyers have to make a living too. It will also depend alot on the contract you signed. Hope you read what you were signing.
2007-01-19 14:05:20 · answer #8 · answered by JHAMAINE E 2 · 1⤊ 0⤋
What he's doing is extortion. Call your local department of consumer affairs and/or district attorney's office.
Not only can he NOT sue you, he is in breach of his contract- YOU CAN SUE HIM (and probably should).
2007-01-19 14:01:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I'd say no, he worked on your house with something he hadn't told you about. How did you not notice he was tearing it apart????
2007-01-19 14:00:12 · answer #10 · answered by ? 3 · 0⤊ 0⤋