my deadbeat contractor did not pay his worker and now his worker placed a lien again my house. I have paid in full to contractor with a waver to clear any unpaid wages and lien and yet I still got slapped with lien.
The amount he's asking is 11000 and he wants to paid in full. The contractor feels he only owes max 6000 and would rather settle this in small claims.
They never had any written contract and I'm in a middle of their dispute. His worker won't budge on the amount and wants me to settle his payment and will not remove the lien. I have managed to sell my house but my lawyer had placed 11000 in their trust.
I have 21 days to decide if I want to take this matter to Supreme Court.
Any advice would be appreciated.
It's very hard to get a lien off unfortunately you should have made sure all the paperwork was in order I am a contractor and have dealt with this many times when you bring in sub trades verbal just never works and you know what is a judge supposed to do chances are you will hopefully be able to settle in small claims court if not it looks like you're going to be out the 11,000 it's a hard lesson to learn but right now there's a lot of hard feelings involved but everybody just wants their money hopefully this works out for you in small claims good luck
If you have proper documentation that you paid the contractor the total amount owing and agreed upon, you shouldn't have any issues. The judge needs to see the estimate of the contractor, the bills submitted to you, and your payments made. If you dont have receipts, you bank statements should be able to show the payments and potentially have check images etc. .
On larger projects the homeowner commonly does a 10% hold back for 30 days incase the contractor doesn't pay his employees. But if you have done your responsability of paying the general, he could have hired a thousand people and not paid them, and it would be him who is on the hook for it all.
I suggest you talk to the contractor and negotiate with him to pay $8,000 since he said he would pay $6000. And talk to the sub trade who put the lean on and negotiate him down to nine or ten thousand and that way you're only a couple thousand dollars and this could be done with with no court and no lawyers. Or have the contractor pay him the $6,000 and go to small claims court since you have a signed contract you should be good. Negotiation and settlement is the best and easiest way to do this just to get it behind you
It would be in your best interest to seek professional legal advice. Search out a firm that specializes in construction contracts.
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