Contractor threatening a lien because I'm disputing a float charge
10/4/2023 at 2:44:57 PM
I had grading work done by a contractor over a four day period. A verbal contract with an hourly rate (including wages and machinery) was discussed - no mention of travel and float charges. In the end I reluctantly paid for six hours of travel (wages only) plus two float charges. He has invoiced me for two more float charges which I'm disputing. He removed his machine from the work site at the end of one day, without discussion, brought it back the next day, and figures he earned two float charges as a result. Now he's threatening a construction lien. The amount in dispute is less than $300 on a project that was over $7,000. Which one of us should prevail?
10/4/2023 at 6:22:54 PM
The problem here is the verbal contract. Now it is your word against his. Who is to say how much the contract really is?? You could now say the verbal agreements was $6700 and is paid in full. Where is the proof? Contractors should not operate without written agreements. Even on the small jobs.
If a contract was signed all the travel and float charges would be on the contract and indisputable, it is inappropriate of the contractor to throw charges at you if never discussed or in an agreement.
10/6/2023 at 3:55:51 PM
He's bluffing.
Will cost thousands to post the lien, plus he will loose, plus he looses credibility with his lawyer and the courts.
10/6/2023 at 8:34:15 PM
Just pay the 300 its a small amount and not worth the destroyed credit rating you will get if he liens. Even if the lien just runs out after 6 months it will be on your equifax rating forever. You should never do "verbal contracts", always get it all in writing. He can bill you anything he wants now within reason. The fact a guy who got 7 grand of work and is disputing a $300 charge is a very poor Contractor. Hopefully you are at least happy with the work. PS: it costs $20 for a Contractor to post the lien, not thousands & it will sit for 6 months in which time he can sue you which he will not bother as that will cost him thousands & when he lets it run out or your Canada credit rating is now compromised.
10/18/2023 at 1:55:43 AM
He is bluffing, it will cost him more to put a lien on your property than what is is worth. Best of luck to you
10/25/2023 at 3:41:28 AM
Tell him to kick rocks. He very well could have left the equipment onsite end of day. You pay one way for a float to your place. Next client pays once and so on. If he wants to drag his iron home at night that's on him. This is common sense and a non-issue. Verbal goes both ways and everyone loses with loose language. Get it in writing with a dollar amount to sign on.
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