Lien on House!

[r35465]

What is the name of your state? WA

My wife and I hired a contractor to do install new plumbing and electric for a new bathroom we are putting in. We paid him 1/2 up front and the contract requires we pay 1/2 upon completion of the job ($2,500). The plumbing and electric are technically done (they have passed inspection), but we haven't paid him the second $2,500 because he caused extensive unnecessary damage to our wood floors and walls and destroyed about $2000 worth of mouldings (we have witnesses). Our house literally looks like a hurricane went through it. We have estimates from conntractors to fix everything and the total damages are around $5,000-$6,000.

Because we haven't paid him he put a lien on our house. Is the job "technically done"? And if so are we required to pay him even though he created all of these damages? What can we do to remove the lien? Should we serve he and his bonding company for the damages to our house?

 

[HomeGuru]

What is the name of your state? WA

My wife and I hired a contractor to do install new plumbing and electric for a new bathroom we are putting in. We paid him 1/2 up front and the contract requires we pay 1/2 upon completion of the job ($2,500). The plumbing and electric are technically done (they have passed inspection), but we haven't paid him the second $2,500 because he caused extensive unnecessary damage to our wood floors and walls and destroyed about $2000 worth of mouldings (we have witnesses). Our house literally looks like a hurricane went through it. We have estimates from conntractors to fix everything and the total damages are around $5,000-$6,000.

Because we haven't paid him he put a lien on our house. Is the job "technically done"? And if so are we required to pay him even though he created all of these damages? What can we do to remove the lien? Should we serve he and his bonding company for the damages to our house?

**A: you need to file suit so hire a construction attorney.

 

[r35465]

Was that piece of advice a joke? Honestly, do people actually take the time to write detailed accounts of their issues on this site to have a one sentence reply to hire an attorney?!?

That is why we come to this site- we need a bit of background advice and edcuation before taking on the expense and risk of hiring an attorney.

It is just like any area of your life- when you have a problem you obviously hire an expert (doctor, surgeon, cpa, financial advisor, etc), but before you do so you need at least a small bit of working info and education.

Won't be using this site again...

 

[HomeGuru]

Was that piece of advice a joke? Honestly, do people actually take the time to write detailed accounts of their issues on this site to have a one sentence reply to hire an attorney?!?

**A: my response was a good response. You just fail to understand the pertinent and legal issues. The writer of this thread messed up by doing nothing an letting things silde. If the writer took positive action and litigated first, then there would be an ongoing case prior to any liens being filed. If the writer took a positve step to mitigate damages, the contracctor would have been forced to deal. Nothing was done and the contractor filed a lien for nonpayment of materials and labor. The lien is on title and the writer has doen nothing to resolve the problem. So at this point, the writer's only avenue to settle the issues would be to hire an attorney to file suit to litigate the matter. Once a lien has been filed, it is too late to talk if the contractor does not want to settle, negotiate and release the lien. Rather then being proactive, the writer must now be reactive and a defender rather than a plaintiff offender.
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That is why we come to this site- we need a bit of background advice and edcuation before taking on the expense and risk of hiring an attorney.

It is just like any area of your life- when you have a problem you obviously hire an expert (doctor, surgeon, cpa, financial advisor, etc), but before you do so you need at least a small bit of working info and education.

**A: I agree, and based upon my complete review of all the information provided by the writer int his thread, I arrived at a conclusion to the legal issues at hand and provided my advice accordingly. My advice to the writer stands and you are just too ignorant to understand the issues. Tunnel vision may get you run over by a large train.
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Won't be using this site again...

**A: fine with us. One less unappreciative ignorant pain to deal with.

 

[r35465]

HG- The writer of this thread messed up by doing nothing an letting things silde. If the writer took positive action and litigated first, then there would be an ongoing case prior to any liens being filed.

r3- The three attorneys I talked with after this thread have said that jumping into litigation at that point would have been premature. Funny, but I would guess that you are not an attorney.

HG- The lien is on title and the writer has doen nothing to resolve the problem. So at this point, the writer's ONLY avenue to settle the issues would be to hire an attorney to file suit to litigate the matter. Once a lien has been filed, it is too late to talk if the contractor does not want to settle, negotiate and release the lien.

r3- Again, you sound quite ignorant yourself. Have you heard of mediation? Actually, the law gives the lien filer 180 days to get a judgement; without judgement the lien is worthless. These again are things I have learned from actual attorneys since asking the question on this site. But, according to your extensive legal knowledge the only option I have is to litigate.

HG- My advice to the writer stands and you are just too ignorant to understand the issues. Tunnel vision may get you run over by a large train.

r3- Sounds like you're giving advice that you yourself don't even follow. Wouldn't a perfect example of tunnel vision be recommending that my ONLY option is to litigate? Again, very interesting as none of the three attorneys I have spoken with have recommended this. One actually laughed at your reply to my question.

HG- You just fail to understand the pertinent and legal issues.

r3- Wow, brilliant deduction- isn't that why anyone asking questions on this site is asking those questions?

 

[HomeGuru]

**A: you are a liar. You stated "Won't be using this site again..." then come back and burden us all with your idiotic rantings and ignorant diatribe. Can't you follow and abide by your own statements?
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HG- The writer of this thread messed up by doing nothing an letting things silde. If the writer took positive action and litigated first, then there would be an ongoing case prior to any liens being filed.

r3- The three attorneys I talked with after this thread have said that jumping into litigation at that point would have been premature. Funny, but I would guess that you are not an attorney.

**A: post the names and phone numbers of the three WA attorney's that gave you the bad advice. There is nothing premature about defending one's property from a lien. You failed to mitigate damages period. Just face it, you had your chance raise a legal dispute and did nothing. You just let the lien attach without a fight. And now that the lien is on, you want to mediate? Give us a break.
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HG- The lien is on title and the writer has doen nothing to resolve the problem. So at this point, the writer's ONLY avenue to settle the issues would be to hire an attorney to file suit to litigate the matter. Once a lien has been filed, it is too late to talk if the contractor does not want to settle, negotiate and release the lien.

r3- Again, you sound quite ignorant yourself. Have you heard of mediation?

**A: the time for mediation has since passed since the lien was already filed. The time to mediate would have been prior to the filing of the lien. Now that the lien has been filed, the contractor does not have to mediate. He can just pursue lien perfection and judgement. And once the court adjudicates, he can even file to foreclose on the property to collect on the judgement lien. That would be very disgusting for your home to be foreclosed upon for a measly $2500.
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Actually, the law gives the lien filer 180 days to get a judgement; without judgement the lien is worthless. These again are things I have learned from actual attorneys since asking the question on this site. But, according to your extensive legal knowledge the only option I have is to litigate.

**A: no you have another option; do nothing and let the lien stay on title to your property. And hope the contractor does not foreclose or your lender does not find out.
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HG- My advice to the writer stands and you are just too ignorant to understand the issues. Tunnel vision may get you run over by a large train.

r3- Sounds like you're giving advice that you yourself don't even follow. Wouldn't a perfect example of tunnel vision be recommending that my ONLY option is to litigate? Again, very interesting as none of the three attorneys I have spoken with have recommended this. One actually laughed at your reply to my question.

HG- You just fail to understand the pertinent and legal issues.

r3- Wow, brilliant deduction- isn't that why anyone asking questions on this site is asking those questions?

**A: let's face facts here. You are too ashamed to realize that even if you disagreed with what the contractor has done, you did not do everything that you should have to protect your interest. So good luck, you can hire one of the three attorney's that you talked to, to help you mediate. They may want a $5000 retainer at which time you may say to yourself " I'm just trying to dispute $2500, is this all worth it" Just don't cry when the contractor or his attorney tells you to first pay the $2500 or pound sand.

 

[r35465]

Your advice is particularly egregious- it actually just settled today- my attorney wrote a 5 day demand letter (ever heard of one) to the contractor and he removed the lien. This cost me $225; quite an auspicious result if you ask me. How much would litigation have been (remember- this was my ONLY option)? What did you call it- tunnel vision?

So, to save at least a little face you might as well just admit you gave poor, very costly advice. Of course that would require you maintain some shred of dignity.

Thanks for your ostentatious harangues- it has brightened up my past few days.

 

[HomeGuru]

Yeah right, you expect us to believe that after you lied to us.

 

[r35465]

Ahh, of course, you are now resorting to name calling. Isn't that what we do in middle school when we have nothing compelling to say? You are an interesting person, to say the least.

By the way, a personal/professional tip- try spending a little more time with your family or career (if you have either) rather than trolling these threads (I would imagine I'm not the only one you've blessed with your ceral box top advice) and antagonizing people looking for advice.

 

[Souix]

Ahh, of course, you are now resorting to name calling. Isn't that what we do in middle school when we have nothing compelling to say? You are an interesting person, to say the least.

By the way, a personal/professional tip- try spending a little more time with your family or career (if you have either) rather than trolling these threads (I would imagine I'm not the only one you've blessed with your ceral box top advice) and antagonizing people looking for advice.

***If you have not already done so (and I doubt you have), click on "profile" down below. You will see that Mr. Guru is an attorney.****

 

[HomeGuru]

Ahh, of course, you are now resorting to name calling. Isn't that what we do in middle school when we have nothing compelling to say? You are an interesting person, to say the least.

**A: and in previous posts, just exactly what name have I called you r2d2?
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By the way, a personal/professional tip- try spending a little more time with your family or career (if you have either) rather than trolling these threads (I would imagine I'm not the only one you've blessed with your ceral box top advice) and antagonizing people looking for advice.

**A: thanks for the tip. Your tip is: don't eat yellow snow.