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Dealing with a Mechanics Lien

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targaz

Guest
What is the name of your state?What is the name of your state? Arizona

I have been dealing with a pool company for the last 5 months in the remodeling of my pool. There have been issues with poor work since the beginning, and some work that needed to be performed due to their mistakes. After several months of fixing and re-doing items, I paid them for all work to that point.

The last step was the plastering of the pool. The plaster job turned out extremely poor and I refused to pay the final payment until it was rememdied. After several trips to my home to view the plaster, they finally agreed that there was something wrong with the plaster and it needed to be fixed. They don't want to fix it until the weather has cooled in three months.

But, they want their final payment now and they have sent me a 20 day lient notice. The 20 day lien notice is for an amount over a thousand dollars greater than what I actually would owe them for the plaster work.

Four questions:
1) The 20 day lien notice says I have 10 days to respond to inaccuracies, but fails to tell me to whom or how I respond. What should I do with the dollar amount discrepancy? How do I respond to it?

2) How can I avoid an actual lien on my property until the remedy is completed in 2-3 months?

3) Should I file a complaint with the Register of Contractors, or hire an attorney to remove their lien?

4) If I don't respond to the prelim 20 day notice, am I liable for the inflated dollar amount that they put on the notice?

Please help, I feel completely at a loss dealing with this company... they have continued to mess up this job, costing me over $2500 to remedy items that were their mistakes in the first place. I have paid them over 50% of the original estimate, and definitely don't want a lien on my house. They just continue to try and strong arm me, without fixing the issue.

Thanks!
targaz
 


HomeGuru

Senior Member
targaz said:
What is the name of your state?What is the name of your state? Arizona

I have been dealing with a pool company for the last 5 months in the remodeling of my pool. There have been issues with poor work since the beginning, and some work that needed to be performed due to their mistakes. After several months of fixing and re-doing items, I paid them for all work to that point.

The last step was the plastering of the pool. The plaster job turned out extremely poor and I refused to pay the final payment until it was rememdied. After several trips to my home to view the plaster, they finally agreed that there was something wrong with the plaster and it needed to be fixed. They don't want to fix it until the weather has cooled in three months.

But, they want their final payment now and they have sent me a 20 day lient notice. The 20 day lien notice is for an amount over a thousand dollars greater than what I actually would owe them for the plaster work.

Four questions:
1) The 20 day lien notice says I have 10 days to respond to inaccuracies, but fails to tell me to whom or how I respond. What should I do with the dollar amount discrepancy? How do I respond to it?

2) How can I avoid an actual lien on my property until the remedy is completed in 2-3 months?

3) Should I file a complaint with the Register of Contractors, or hire an attorney to remove their lien?

4) If I don't respond to the prelim 20 day notice, am I liable for the inflated dollar amount that they put on the notice?

Please help, I feel completely at a loss dealing with this company... they have continued to mess up this job, costing me over $2500 to remedy items that were their mistakes in the first place. I have paid them over 50% of the original estimate, and definitely don't want a lien on my house. They just continue to try and strong arm me, without fixing the issue.

Thanks!
targaz
**A: hire a local attorney.
 

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