Can a contractor put a lien on my house?
Asked by
Strauss (
23829
)
October 15th, 2015
I recently incurred some significant damage in a hail storm. We hired a contractor, and they, in turn, hired different subcontractors for the various parts of the house that had been damaged. During the removal of the gutters, the fascia board was damaged and broken into two pieces. All other work was done satisfactorily. I requested that fascia board be completely replaced, rather than repaired. I was assured that it could be repaired to the point that it would look “as good as new”. It wasn’t, so I one again asked that they replace it.
In the mean time, I had received the settlement from the insurance company. I signed the check, and asked my wife to deposit it. Yesterday, I found out she had not done so, so I made the deposit. Bank says because of the large amount, the check might not clear for 5–7 business days.
So, the contractor wants me to write a check for the amount due, realizing that the check will not clear for at least a week. He has mentioned the possibility of a lien, and has also stated that he will not perform the repairs until he is paid.
My response is that I have had bad experiences writing post-dated checks in the past, so I do not want to do that. I also want my repairs completely performed before I pay.
Do you feel I am justified in refusing to write a post-dated check?
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22 Answers
Yes, the work has not been completed to your satisfaction. Threaten to get an attorney, That will probably goose him to finish up. I think that he is just saber rattling. (Keep checking wit the bank on when the check clears.) Then I still would not pay the full amount until he replaces the fascia.
It is also illegal to write a post dated cheque. See if you can agree on a ‘progress payment’ .
Putting a lein on a house takes more than what he is saying though. The amount has to be very overdue. I think.
How about if I get an estimate for the repair and back-charge against the contractor’s invoice?
If you end up paying the contractor, I would recommend holding back a retainage until ALL work is completed. The usual sum is 10%.
And, yes he can put a lien on your house but it is probably more trouble than it is worth and he is hoping just the threat will be enough to get you to pay up. If he does you will need to require and get proof that the lien has been removed. Having the retainage will assist in making sure this is done also.
As far as I know, contractor would need to show repeated attempts to collect the debt first. Otherwise, courts would be inundated with every Joe Schmoe who wants to put liens on things.
First things first, post-dating a check offers virtually no legal protection in the United States. A signed check can be cashed at any time with no recourse regardless of the date on it unless you notify your bank in advance (and even then, a lot depends on the bank where the payee deposits the check).
Second, like everyone else has said, a lien is not nearly as easy to get as the contractor is letting on (at least, not without your consent). It is almost certainly a threat to induce payment. So long as the debt is fairly new—and especially since the work isn’t even done—he’ll never get it granted.
Third, I agree with @rojo. Do a partial payment and hold back a retainage. If you’re worried that 10% is less than the cost for him to finish the work properly, hold back more. You might have to negotiate a little with him on this. If so, definitely don’t go below 10%. Only if all this fails would I go @marinelife‘s route and threaten an attorney.
@Yetanotheruser Getting an estimate is a good idea but do not have the work done without first presenting a copy to the contractor. Show it to him and tell him that one way or another you are going to get the work done correctly and are pursuing your options. He may decide to let you hire someone else but more likely he will decide he can do it for less.
By the way, there is nothing that says you have to pay in a single check. You could write two (split the bill in half if you like) give him one and tell him you are holding the other until the repairs are completed to your satisfaction. Just make sure what is on the second check is enough to cover the needed repairs.
Absolutely, this guy is putting the thumb screws to you to get his due and run. He must be a complete moron as it will take way longer than a week to try to secure a lien against your property for unsatisfactory work that is still incomplete. Yep, tell him that he better finish the job or you will get an attorney and have him billed for the attorney fees too. Pffft, total bullshit!
Tell him you will pay when all work is complete.
My guess is he takes you for a mark and thinks merely threatening a lien will get you to capitulate. As others have said, it would be a hell of a lot more hassle and wait to get a lien in place.
I just finished emailing him and stating that I fully intend to pay him, as soon as the funds are available and if and only if the repairs are completed as per several requests.
We’ll see what happens now…
Depending on the state it can be perfectly legal for him to lein the property. In some cases it is routine and when it’s paid they do a lein release.
I like the idea of a offering 50–75% witholding the remainder until the project is completed. Just stall him until the middle of next week. It’s a lot of paperwork to do the lein, then the lein release.
He can put a lien on your property. Post dating a check won’t do anything if you are in the US, he can cash it right away.
Does he want to be paid for everything, as though the job is completed. Or, does he want to be paid for the work done so far, short of the amount to fix the still existing problem?
He wants to be paid in full. He emailed me today, indicating he will come to my house tomorrow. If he does not receive a check or “some form of collateral” he will assume that I am unwilling to pay the debt; this is in spite of my previous email stating my intent to pay. He also attached an invoice (about $2000 over what I think it should be, even if repairs were made) and a formal notice of intent to file a lien.
What a jerk of a contractor! I definitely would pay for the percentage of work he has done, though, withholding only an amount commensurate with the unfinished repair. Did he just now present an invoice? If so, I don’t think he can put a lien on your house until it’s past-due.
I would pay for the percentage of work done and let him put the lien if he wants to go through the trouble. Show him why you are unhappy with the work. Do you know how much it will cost to fix what wasn’t done right if you hire someone else?
Take lots of pictures of where you are unsatisfied with the work.
Liens are very common during construction.
Don’t pay for anything not done yet or not done to your satisfaction, because he’ll disappear and you’ll not get the work done at all. Pay him only for what he’s done so far, to your satisfaction.
Notice of intent is not a lien so don’t sweat the big scary name. Also, I hope you have something showing what the charge should be; your best guestimate of what the invoice should be doesn’t really count for much, sorry. . It could be that the additional 2k is a bargaining chip, something he can “give” on to convince you to pay the rest. It could also be a bump in the bill so that if you do decide to hold retention, he will receive all the money he wants anyway even if you withhold a percentage and he can walk away and not look back no matter how much you are “holding”.
If he threatens, call his bluff. With decent pictures and a decent attorney, you will prevail.
To show you how easy it is, Here is a website offering the service of filing notices of intent to lien. I love their slogan “Send unlimited notices of intent to lien quickly and easily.”
@rojo
I think you put the wrong link there.
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