We hired a contractor to work on odd jobs for time and materials. The contractor has failed to account for his hours, but has billed us 200% of what he estimated the costs to be on a time and materials basis. We believe he is obligated to stay within 10-20% of his estimate, otherwise he could bill us for the moon (which wouldn't hold up in court). Can he file a lien if he has no signed contract with us?
2007-09-12 00:33:44 · 3 answers · asked by Bean Counter 2 in Politics & Government ➔ Law & Ethics
I forgot to add that this would fall under lien law in the State of Kansas.
2007-09-12 00:34:42 · update #1
Alas, you failed to mention how a 'mechanic's lien' comes into play. Unless he is working on your car, he can't file a mechanic's lien. As far as I know, he can't do anything but take you to small claims court. I've been on BOTH sides of this issue (working on houses) and if you don't have it in writing, signed by both parties...well....it's NOT a contract.
When I give a bid...it's exactly that. A bid, not an 'estimate'. It sounds like this guy isn't very professional. He should have come to you the moment that he knew that he was over-budget.
Edit: I just looked online (which I should have done previous to answering this question) and now I'm SURE that he can't file a lien. First, it would be a contractor's lien, not a mechanic's lien. Second, he would have to show the contract that was violated. Since all he has is the estimate (and you are willing to pay this amount) he is out of luck.
2007-09-12 00:42:55 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Yes. If you want to sell your house, at a later date, you may have a problem getting the lien released. You should consult with an attorney and do what you have to do to get the lien released.
Unfortunately, no written contract and letting the contractor work on a time and material basis are going to come back to haunt you.
2007-09-12 00:42:52 · answer #2 · answered by regerugged 7 · 0⤊ 0⤋
Actually Bruce, in Kansas it's called a Mechanic's Lien even for contractors and sub contractors. (K.S.A. 60-1105(b) )
And I agree with regerugged. A contract does not have to exist in physical form to be enforcable. You have consideration, mutual promice and a meeting of the minds. You have a contract.
2007-09-12 01:02:07 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋