Mechanics Lien

[D Ott]

What is the name of your state? PA

I contracted a local contractor to help build our new home. The contract was for him to frame the house and finish the exterior.
As we were nearing completion, I provided him with a list of items that needed to be completed per our agreement. A few days later he provided me with a list of his own. This was a list of items that he felt were extras. Don’t get me wrong, we made some changes during the construction process. However, these items were negotiated, put in writing, and paid for at that time. The list he gave me had some of these very same items now with inflated prices, items completed during construction (on his own) without mention to it being extra, and a flat $5000 fee for material price increases. This was not even written into the contract! There are allowances written into the contract for a fireplace and some other items which he now says are excluded. I tried to work with him but he ended up walking off the job with about 95% of it complete. He filled a mechanics lien with an altered contract (allowances crossed out) against our property for approx. 30% of the original contract price! How can he do this?

Thanks in advance for your help,

D Ott

 

[HomeGuru]

What is the name of your state? PA

I contracted a local contractor to help build our new home. The contract was for him to frame the house and finish the exterior.
As we were nearing completion, I provided him with a list of items that needed to be completed per our agreement. A few days later he provided me with a list of his own. This was a list of items that he felt were extras. Don’t get me wrong, we made some changes during the construction process. However, these items were negotiated, put in writing, and paid for at that time. The list he gave me had some of these very same items now with inflated prices, items completed during construction (on his own) without mention to it being extra, and a flat $5000 fee for material price increases. This was not even written into the contract! There are allowances written into the contract for a fireplace and some other items which he now says are excluded. I tried to work with him but he ended up walking off the job with about 95% of it complete. He filled a mechanics lien with an altered contract (allowances crossed out) against our property for approx. 30% of the original contract price! How can he do this?

**A: yes. He did, didn't he?
*****
Thanks in advance for your help,

D Ott

**A: you are welcome.

 

[lwpat]

Step One.
Retain an attorney that is familar with construction contracts. Your local homebuilders association can probably provide you with some names.
Step Two.
Do what the attorney in step one advises. He has access to all the documentation and can make specific recommendations.

Actually step one is what you should have done before you signed the contract in the first place.

Make copies of all the revelant documents and put them in a binder, tabbed with an index to give to your attorney. This should include a list and pictures of the uncompleted work. Do not complete the work yourself or hire another contractor until you have consulted with an attorney.