Can a Family Member Put a Lien on My House
Tin a contractor put a lien on my house?
- Follow Question
- four
Cracking Question
Asked by Strauss (22510 ) Oct 15th, 2015
I recently incurred some significant damage in a hail storm. Nosotros hired a contractor, and they, in turn, hired unlike subcontractors for the diverse parts of the house that had been damaged. During the removal of the gutters, the fascia lath was damaged and broken into two pieces. All other work was done satisfactorily. I requested that fascia lath be completely replaced, rather than repaired. I was assured that information technology could be repaired to the point that information technology would look "every bit good as new". It wasn't, so I one once again asked that they supervene upon it.
In the mean time, I had received the settlement from the insurance company. I signed the bank check, and asked my married woman to deposit information technology. Yesterday, I establish out she had non done then, so I made the deposit. Bank says considering of the large amount, the cheque might not clear for 5–7 business organization days.
And then, the contractor wants me to write a check for the amount due, realizing that the check volition non clear for at least a week. He has mentioned the possibility of a lien, and has likewise stated that he will not perform the repairs until he is paid.
My response is that I have had bad experiences writing mail service-dated checks in the past, and then I do non want to do that. I also want my repairs completely performed before I pay.
Do you experience I am justified in refusing to write a post-dated check?
- Flag every bit...
- insurance
- repairs
- contractor
- lien
Observing members: 0 
Composing members: 0 
22 Responddue south
Yes, the work has non been completed to your satisfaction. Threaten to get an chaser, That will probably goose him to finish upwardly. I call back that he is merely saber rattling. (Continue checking wit the depository financial institution on when the check clears.) And so I notwithstanding would not pay the full amount until he replaces the fascia.
It is likewise illegal to write a post dated cheque. See if you lot can hold 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 nearly if I get an approximate for the repair and back-charge against the contractor's invoice?
If you end upwardly paying the contractor, I would recommend holding back a retainage until ALL work is completed. The usual sum is 10%.
And, aye he tin can put a lien on your firm simply information technology is probably more trouble than it is worth and he is hoping just the threat will exist enough to go you to pay upward. If he does y'all volition need to crave and get proof that the lien has been removed. Having the retainage volition assist in making sure this is done also.
As far as I know, contractor would demand to testify repeated attempts to collect the debt first. Otherwise, courts would be inundated with every Joe Schmoe who wants to put liens on things.
Starting time things starting time, postal service-dating a bank 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 engagement on it unless you lot notify your depository financial institution in advance (and fifty-fifty then, a lot depends on the bank where the payee deposits the check).
Second, like everyone else has said, a lien is non well-nigh every bit piece of cake to become as the contractor is letting on (at to the lowest degree, non without your consent). It is most certainly a threat to induce payment. So long as the debt is fairly new—and especially since the piece of work isn't even done—he'll never get it granted.
3rd, 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 than. You might have to negotiate a picayune with him on this. If and so, definitely don't go below 10%. But if all this fails would I go @marinelife'south route and threaten an attorney.
@Yetanotheruser Getting an estimate is a good idea but practice not have the piece of work done without offset presenting a re-create to the contractor. Show it to him and tell him that ane way or another y'all are going to get the work washed correctly and are pursuing your options. He may make up one's mind to permit you lot hire someone else but more likely he will determine he can do it for less.
By the way, at that place is nothing that says you accept to pay in a single check. You could write two (separate the bill in half if you like) give him one and tell him yous are holding the other until the repairs are completed to your satisfaction. Just make certain what is on the 2d check is enough to comprehend the needed repairs.
Absolutely, this guy is putting the pollex screws to you to become his due and run. He must exist a complete moron as information technology will take style longer than a calendar week to endeavour to secure a lien against your property for unsatisfactory piece of work that is yet incomplete. Yep, tell him that he amend finish the task or you will get an chaser and have him billed for the attorney fees too. Pffft, full bullshit!
Tell him you will pay when all work is complete.
My guess is he takes you for a marking and thinks but threatening a lien will get yous to capitulate. Every bit others have said, it would exist a hell of a lot more hassle and look to go a lien in place.
I just finished emailing him and stating that I fully intend to pay him, as shortly 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 holding. In some cases it is routine and when it'south paid they exercise a lein release.
I like the idea of a offering 50–75% witholding the rest until the project is completed. Just stall him until the middle of adjacent week. Information technology's a lot of paperwork to do the lein, then the lein release.
He can put a lien on your property. Post dating a cheque won't practise anything if yous are in the Usa, he can cash information technology right abroad.
Does he want to exist paid for everything, equally though the job is completed. Or, does he desire to be paid for the piece of work done and so far, brusque of the amount to set the still existing trouble?
He wants to be paid in full. He emailed me today, indicating he will come to my firm tomorrow. If he does not receive a cheque or "some course of collateral" he volition assume that I am unwilling to pay the debt; this is in spite of my previous email stating my intent to pay. He also fastened an invoice (near $2000 over what I recollect it should exist, fifty-fifty if repairs were made) and a formal notice of intent to file a lien.
What a wiggle of a contractor! I definitely would pay for the percentage of piece of work he has done, though, withholding only an corporeality commensurate with the unfinished repair. Did he just at present nowadays an invoice? If so, I don't think he can put a lien on your house until it'south by-due.
I would pay for the percent of work done and let him put the lien if he wants to become through the trouble. Prove him why yous are unhappy with the work. Do you know how much it will toll to fix what wasn't done correct if you hire someone else?
Accept lots of pictures of where y'all are unsatisfied with the work.
Liens are very common during structure.
Don't pay for annihilation not washed yet or not done to your satisfaction, because he'll disappear and yous'll not get the piece of work washed at all. Pay him only for what he'south done so far, to your satisfaction.
Detect of intent is not a lien so don't sweat the big scary proper name. Also, I hope yous have something showing what the charge should exist; your all-time guestimate of what the invoice should exist doesn't actually count for much, lamentable. . It could exist that the additional 2k is a bargaining scrap, something he tin "give" on to convince yous to pay the rest. Information technology could besides exist a bump in the neb so that if you do decide to agree memory, he volition receive all the money he wants anyway even if you withhold a percentage and he can walk away and not look back no affair how much you lot are "holding".
If he threatens, call his bluff. With decent pictures and a decent attorney, you will prevail.
To prove you how easy it is, Here is a website offering the service of filing notices of intent to lien. I dear their slogan "Send unlimited notices of intent to lien quickly and easily."
@rojo
I think you put the incorrect link in that location.
@Darth_Algar y'all are correct, Cheers.
Here is the correct link.
Answer this question 
This question is in the General Section. Responses must be helpful and on-topic.
Source: https://www.fluther.com/184492/can-a-contractor-put-a-lien-on-my-house/
0 Response to "Can a Family Member Put a Lien on My House"
Post a Comment