Mechanical Lien?

Question

I hired masory contractor to do masonry work. Written contract for 4k, paid 4k, signed by both parties. Masonry guy asks contractor to do carpentry work & extend roof line for $900 verbal contract w/ contractor. Mind you, he used my materials. Contractor tells masonry contractor upon doing work to make sure he seals roof line because of rain that night. Masonry guy leaves roof decking open by 5inches and it floods interior of home. Myself and General Contractor told him of his mistake and showed him how much damage occured. All cielings/Walls in living, master room and den had water damage and had to be gutted out as well as insulation and replaced. This cost was well over $2000 including labor/materials. Masonry guy now has hired legal aid and was demanding 7k. Showed legal my paid contract of 4k. Legal aid now says I owe 3k and is threating to file mechanical lien. Verbal agreement was $900, but he has fabricated this price & says he bought materials. Can he get away with this?

Answer 1

a mechanics lien is a little like suing. It's easy to file but takes proof to execute. In most states, the lien won't mean much until you try to sell or refinance the house.

I would send the Masonry contractor a certified letter briefly and clearly stating your position, state clearly what it is you want him to do now and tell him you intend to sue for damages. Follow through and contact an attorney.

Answer 2

Hire an attorney to represent your interests before this gets out of hand and too much time passes. Mechanical liens are placed against properties for materials/labor which are not paid for. Unless you contest this properly, you will end up with a lien against your property. Depending on the state in which you live, this may haunt you when you try to sell or refinance, or in some states, can actually be foreclosed upon similar to a mortgage lien.

Answer 3

If you can't hire an attorney, go to the small claims adviser at your local court regarding filing a law suit for damages. Also find out if the other party is a licensed contractor and file a complaint with the licensing board.

Answer 4

First of all, the masonry's contract was with your contractor, not with you, so he can't file a Mechanical Lein unless the masonry guy has a written contract directly with you. If he has no contract, he has no evidence.

Plus, he botched the job.

Is this guy a licensed contractor? Instead of paying for the damage yourself, why didn't you turn it in on his bond?

I would file a suit agains the Masonry guy for what he messed up...that will probably shut him up.

Mechanical Liens are not legal under verbal contracts. If he files one, he is liable for all charges to remove.

Answer 5

however you choose to get this taken care of ---do it soon. i would suggest an attorney that specializes in construction litigatin.
the reason for doing this asap is once the mechanics lien is filed against your property - you no longer can sell your property or even borrow against it or even refinance...not until the lien is recorded as satisfactory and a release is given to you.
this can get ugly fast.
good luck

Answer 6

You got all the answers. But in the future, have the contractor get a Performance Bond. This way, he can not do anything until the job is done to your satisfaction, not his.

Answer 7

It's called a Mechanic's Lien and it sounds like you need your own attorney.

Answer 8

possibly no longer.....you ought to coach the way you have been broken and prepare precisely how lots, in economic words, you have been broken. misplaced time? What saved you from attempting to sell the valuables in the process the litigation time?