New home punch list gone bad

[DCWYO]

What is the name of your state (only U.S. law)? Wyoming
I purchased a new home 4 months ago and have been pressing the contractor to finish the punch list. He has not completed the more expensive items and now has sent me a bill for the fence he installed between my house and the neighbors, which is his son's house. I did not agree to pay for any part of the fence and understand that it was included in the price of his son's home. The bill indicated that he would place a lien on the property if not paid within 90 day. What can I do about the punch list and lien?

[justalayman]

the fence:

I would have to research. It might be just as easy for you.

Is there any law concerning coterminous fences in your state. In some, laws allow for both parties benefiting from such a fence are required to pay their share.

If no laws apply, when he files a lien, contest it in court.


as to the punch list items: has he been paid in full?

If not, leverage the pay off against finishing the building.

If yes, sue him for the value of the work that is required.

[DCWYO]

Thanks, the contractor has been paid in full and there is no law requiring any participaton in fencing cost in Wyoming. Problem is, it would cost more to hire an attorney to sue than just paying the bill!

[justalayman]

if you are talking about the punch list; I do not know what the limits or your small claims court is but have you considered availing yourself of such. It would limit your recovery to what the limit is but it would be cheap to do.

[DCWYO]

Thanks for the information, I will give small claims court a try for any punch list items that make sense. But, how do I fight the lien he intends to place on the property if the bill is not paid. Doesn't he have to prove I owe the bill before he can put a lien on the property?

[HomeGuru]

Originally Posted by DCWYO

Thanks for the information, I will give small claims court a try for any punch list items that make sense. But, how do I fight the lien he intends to place on the property if the bill is not paid. Doesn't he have to prove I owe the bill before he can put a lien on the property?

**A: he does not have to prove that you owe before placing a lien on the property. He can file a lien application and at the show cause hearing, he only need prove that he supplied material and/or labor on your property. When the lein attaches, you then need to sue and prove that you do not owe the money.