Contractor's lien

[eauxgod]

What is the name of your state? Mississippi

I just had the builder of my house replace the countertops under warranty. The installer and I verbally agreed that I would pay the extra cost of more expensive stone than what the builder usually puts in their new homes. After completion of the work, I receive an invoice of just a stated amount of $400. Following the receipt of the invoice by only one day, I receive no less than 13 phone calls requesting payment by the next day. This morning, the second business day after receipt of the invoice, the installer says that if payment is not made in full w/in the next 3 days he will put a lien on my house. By the way, I have singed nothing w/ either the installer or the builder for this warranty work that has been completed.

What to do?

[danno6925]

I just had the builder of my house replace the countertops under warranty

Why? Material defect...poor workmanship... ?

The installer and I verbally agreed that I would pay the extra cost of more expensive stone than what the builder usually puts in their new homes. After completion of the work, I receive an invoice of just a stated amount of $400.

Still not seeing the problem here. You admit you are responsible for the difference between the standard stone and the new stone. Sounds like the installer's position is that the overage was $400. Cough it up, or get a lien placed on your home, which will force you to pay it eventually.

Following the receipt of the invoice by only one day, I receive no less than 13 phone calls requesting payment by the next day.

Sounds like he's worried you won't pay him. Why don't you just pay him what you owe?

This morning, the second business day after receipt of the invoice, the installer says that if payment is not made in full w/in the next 3 days he will put a lien on my house.

Sounds like he's VERY worried you won't pay your bill.This is called a mechanic's lien, and it is completely legal for him to file one. He won't be able to make you pay up imediately, but you will have to pay him for his materials eventually.

Still curious as to why you don't want to pay for a service you asked for and subequently received.

By the way, I have singed nothing w/ either the installer or the builder for this warranty work that has been completed.

Funny you should mention. I never signed anything at the restaurante where I ate dinner the other night, but those jerks STILL expected me to pay for the meal I ate there! If the previous statement sounds stupid to you, reread your post. Stop being a schmuck. Pay your dang bill.

[eauxgod]

I have since found out that the stone was not more expensive.

[GatorLaw]

Let me see if I understand... There was an original written contract with a verbal modification for an upgraded product? If so, was there any mention of the warranty in the written contract? How much was the written contract price, or was the entire deal $400?

[eauxgod]

[quote=danno6925;1574975]Why? Material defect...poor workmanship... ? Yes

Still not seeing the problem here. You admit you are responsible for the difference between the standard stone and the new stone. Sounds like the installer's position is that the overage was $400. Cough it up, or get a lien placed on your home, which will force you to pay it eventually. What if he said I owe him $5000?

Sounds like he's worried you won't pay him. Why don't you just pay him what you owe? How do I know what is really owed?

[seniorjudge]

You could ask how much you owed.

[eauxgod]

Originally Posted by GatorLaw

Let me see if I understand... There was an original written contract with a verbal modification for an upgraded product? If so, was there any mention of the warranty in the written contract? How much was the written contract price, or was the entire deal $400?

No contract with anyone involved. The builder just had their "guy" do it. There was only a verbal with their "guy" re overage. The builder said that the agreement was between me and their "guy" and they will stay out of it.

[eauxgod]

Originally Posted by seniorjudge

You could ask how much you owed.

Never had a chance. I was told that I owe him $400.

[danno6925]

have since found out that the stone was not more expensive.

And this is in writing from the stone yard that sold him the stone? You have paid receipts proving this? If not, it's your word against his.

What if he said I owe him $5000?

Yes, "What if" ? Point is, you've got brand new stone countertops, and they only cost you $400.00 including install. Why all the hub-bub, Bub? This would be a bragging point for the new house if I were you.

Like those counters, huh? Yah, they're brand new. Hated the old ones, so I had these put in as a custom job. Talked them all the way down from 5k to 400. Ain't I a great negotiator? Yup, it sure is good to be me. and so on.

How do I know what is really owed?

It's that little number on your bill next to the symbol that looks like this: $. Look, I'm all for consumers asking questions, and making sure they're not getting hosed by the big bad contractor, but it sounds to me like $400 is reasonable for brand new stone countertops.

[danno6925]

No contract with anyone involved. The builder just had their "guy" do it. There was only a verbal with their "guy" re overage. The builder said that the agreement was between me and their "guy" and they will stay out of it.

And what have we learned about verbal contracts today children?

1. Never do business with a "guy". Sure, they're cheaper, and there is a dang good reason for that.

2. Insist on itemization for all materials purchased. Ask for receipts. Better still, make it a stipulation in the WRITTEN contract for services.

Contractor can definitely place the lien against your home. He's shelled out the cash for materials, and they have already become a fixture in your home, so he can't remove them w/o causing damage.

In summation, Pay your effen bill, and stop with the crying!! I'm done.

[eauxgod]

[quote=danno6925;1575003]And this is in writing from the stone yard that sold him the stone? Another installer told me how much they buy their stone for from the same place he bought his.


Yes, "What if" ? Point is, you've got brand new stone countertops, and they only cost you $400.00 including install. The coriane that was in place is as expensive if not more than granite. The builder ony installs granite now - so we got granite.

We did not want to go 2 weeks without a kitchen. We didn't want our 18 month old living in a dust filled house. We didn't want to have to pay a penny more than we had to. We didn't ask for any of this.

[seniorjudge]

eauxgood, you know how much you owe and you have no defense for not paying.

I cannot understand why you won't pay your bill.

It appears you brought this on yourself.

[LindaP777]

Originally Posted by eauxgod

The installer and I verbally agreed that I would pay the extra cost of more expensive stone than what the builder usually puts in their new homes.

and . . .

Originally Posted by eauxgod

I have since found out that the stone was not more expensive.

Get a quote for both types of counter tops (what you had and what you have now) and see if there actually is a difference. Keep in mind, even granite has different prices depending on what you chose. Could be the cheap granite is the same as the Corianne, but you got a higher grade. Another installer may not have known what you had prior.
The bottom line, you should have had all this agreed to and the $$$ amount before work began!