I had a verbal contract with a contractor and a text stating the amount for the work. Now he says that I owe more because it took him longer and stated his hourly rate which he never mentioned in our original agreement. He has threatened to put a lien on the place (I have no mortgage or plans to sell for a long time). Will this affect me? I'm prepared to pay the amount in the text.
I am always sad to hear this. You will get what you pay for and this is a amateur, not a professional. A pro will allow for extras or know the timelines for work and bill accordingly in 1st place. You should always pay more and get a company that provides a "written contract", that clearly outlines what you will pay and allowances for future work and the costs. In the end it is worth it! You will also get a warranty, a bond etc. etc. from a better Contractor. Verbal contracts are legal in court but extremely difficult to prove. Your best course is to pay him and get rid of him. If he has not yet filed a lien, do not worry you are ok. However! make sure to get a written and legal receipt from him showing contract is completed in full and signed by him! if you pay.
Okay.. if you don't want to pay? here is what happens:
-he has to file a lien in 45 days, this "will affect yuor personal credit rating" and will stay on for 6 months, then it is automatically removed, he can renew it if he has filed a as yet unsettled court claim, he cannot if he did not sue you.
-he has 30 days to sue you in court for the money, you can however 'counter-sue " him at no cost to yourself. It will likely be in small claims court, so you can represent yourself with no lawyer.
-should you win, you can try to sue him for the extra costs, any issues on job and your legal costs as well
-expect this to drag out a year or more depending on current court loads
-as you did not agree in writing with him on extra costs you have a good case but depending on how much you owe? it probably isn't worth the stress and hassle :(
Good luck, hopefully you are at least happy with the finished product.
FIRSTL. Never do a verbal agreement. This simply puts you into a position which you are now facing.
In my opinion I would continue texting him stating what was agreed to originally.
As far as additional charges. He should have advised you in advance which it seems he has not.
At this point I would offer payment but only if he has a receipt with paid in full and signed that you have no further obligations.
Otherwise wait till he takes you to small claims court. And at that time he may place a lien but I do not see him winning in court.
That is only my opinion as to how I would consider handling things. I'm not a lawyer.
Good luck.
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