How do I handle my contractor when our project has doubled in price, lasted months longer than contracted, work has not been completed, other areas damaged by his workers, materials that "mysteriously" disappeared, and he is threatening me with a mechanics lien - if I don't pay him for work not completed? Help!
2007-11-29 15:26:02 · 5 answers · asked by Gwen D 1 in Home & Garden ➔ Maintenance & Repairs
contact a lawyer.
2007-11-29 15:50:54 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Too bad you didn't require a lein waiver before he began the work. If you have a written contract that spells out completion dates you can fight back. Document all that you can, places dates, times, and amounts. Then call the better business bureau and the state or city department which licenses contractors. If the guy is a crook others will have complained and you can fight the lein in court. Not fun but maybe the only recourse.
2007-11-29 15:46:11 · answer #2 · answered by Pal 7 · 1⤊ 0⤋
I had a similar problem with a roofing contractor, who started a job and I could not get him to come back to finish it. I was able to get him on a contract violation. He had a form contract that stated his men were covered by workman's comp. I would not let anyone on my roof if they were not covered! Since the contractor was so flaky, I checked with his insurance company (the secretary was dumb enough to give me the name). He was not covered, so I took him to small claims court for breach of contract.
I was ready with all my documents when I went to court, and the judge said you don't have to bother. When he was served, I guess he figured that he had no case and had the secretary deliver a full refund to the court!
So, yes, go over the contract and see if you can find any breach on the contractor's part that you can use in court.
2007-11-29 23:42:45 · answer #3 · answered by robertdr60 3 · 0⤊ 0⤋
First of all he can lien your home. Then you could sue him for cloud of title. If the work is not completed he can not collect. In fact if he will not complete the work in a timely manner you can hire another contractor and sue him for the damages done by him and his crew. Call your attorney then ask the attorney who to call for the job to be finished. I`m sure he could help you there too.
2007-11-29 16:00:47 · answer #4 · answered by Big Deal Maker 7 · 1⤊ 0⤋
leonard is correct - talk to a lawyer before you do anything else.
2007-11-29 17:13:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋