Contractor threatening Lien. Want's additional money.

[sdspiros]

What is the name of your state (only U.S. law)? Arizona

Contractor did work on my home. When the job was complete, the person I had managing the project asked them to come and remove the pile of debris that they left in the driveway.

They came back and shoveled the sand onto their flatbed trailer and drove it away. This in itself was peculiar because the dumpster which I rented at the beginning of the project was located next to the sand pile. I assumed that they were driving the sand off to another work site.

A couple weeks later, I got a bill for almost $600 for this work. There was a part of the contract that was highlighted stating that they are not responsible for the removal of debris.

This was a complete shock to me. I read through the contract and replied back, highlighting the part that states "Any alteration or deviation from above specifications involving extra cost of material or labor will only be executed upon written order for the same, and will become and extra charge over the sum mentioned in this contract. All agreements must be in writing."

His response was that the person who managed my project demanded the work be done and gave a verbal assurance that "written changes" were not necessary. He then says that he will file a lien against the house and if litigation is necessary, I would be responsible for all attorney's fees and legal cost since I breached the contract.

I honestly don't feel like I breached any contract. The work was done and I paid the contract in full. If I was advised that there would be any cost whatsoever I would have shoveled the sand myself.

What are my rights here? I don't want to pay just because I am being intimidated by legal fees and a lien. But mostly, I don't want to pay because I don't believe I owe them anything, certainly not $600.

[coppermanandson]

As a contractor I'll give my two cents worth. What was left in your drive way was not debris but excess material. Under the contract you were responsible for debris removal. It was not you fault the contractor bought way to much material and expects you to foot the bill for removal. Tell him to go pound sand(pum intended )

[HomeGuru]

Originally Posted by sdspiros

What is the name of your state (only U.S. law)? Arizona

Contractor did work on my home. When the job was complete, the person I had managing the project asked them to come and remove the pile of debris that they left in the driveway.

They came back and shoveled the sand onto their flatbed trailer and drove it away. This in itself was peculiar because the dumpster which I rented at the beginning of the project was located next to the sand pile. I assumed that they were driving the sand off to another work site.

A couple weeks later, I got a bill for almost $600 for this work. There was a part of the contract that was highlighted stating that they are not responsible for the removal of debris.

This was a complete shock to me. I read through the contract and replied back, highlighting the part that states "Any alteration or deviation from above specifications involving extra cost of material or labor will only be executed upon written order for the same, and will become and extra charge over the sum mentioned in this contract. All agreements must be in writing."

His response was that the person who managed my project demanded the work be done and gave a verbal assurance that "written changes" were not necessary. He then says that he will file a lien against the house and if litigation is necessary, I would be responsible for all attorney's fees and legal cost since I breached the contract.

I honestly don't feel like I breached any contract. The work was done and I paid the contract in full. If I was advised that there would be any cost whatsoever I would have shoveled the sand myself.

What are my rights here? I don't want to pay just because I am being intimidated by legal fees and a lien. But mostly, I don't want to pay because I don't believe I owe them anything, certainly not $600.

**A: I am not quite clear as to exactly what the pile of debris consisted of.
There had to be more than sand.

[coppermanandson]

"They came back and shoveled the sand onto their flatbed trailer and drove it away. This in itself was peculiar because the dumpster which I rented at the beginning of the project was located next to the sand pile. I assumed that they were driving the sand off to another work site."
From this statement I thought it was clear it was left over sand.

[HomeGuru]

Originally Posted by coppermanandson

"They came back and shoveled the sand onto their flatbed trailer and drove it away. This in itself was peculiar because the dumpster which I rented at the beginning of the project was located next to the sand pile. I assumed that they were driving the sand off to another work site."
From this statement I thought it was clear it was left over sand.

**A: no, not clear. Especially based on the statement "pile of debris" rather than a pile of sand.

[sdspiros]

The pile in reference was 100% sand. The contractor told me that he needed to have excess sand at the bottom of the pile so when his crew shoveled the sand into the wheelbarrow that they would not pick up any dirt. This was his reasoning.

Can he really take a lien on my house?

[sdspiros]

My real question here is can the contractor take a lien against the house demanding additional money beyond the contract value when it is clearly stated in the contract that any alteration or deviation must be in writing?

[HomeGuru]

Originally Posted by sdspiros

My real question here is can the contractor take a lien against the house demanding additional money beyond the contract value when it is clearly stated in the contract that any alteration or deviation must be in writing?

**A: the answer is yes, if the contractor is licensed.

[robo94553]

His advice is garbage.

[HomeGuru]

Originally Posted by robo94553

His advice is garbage.

**A: please explain why an AZ licensed contractor has no mechanic's lien rights.

[VinnieL]

what ever material they removed if not cover under contract with your contractor you may be held responsible, their argument will be it was the material not cover under the contract...he said she said.....they need money and have ways to fool innocent home owners....sorry and good luck

[HomeGuru]

Again......

Originally Posted by HomeGuru

**A: please explain why an AZ licensed contractor has no mechanic's lien rights.