E
EMS
Guest
California
I entered into a contract with a window replacement company several months ago. My interactions with the company were at many times strained due to (admitted) lack of proper communications within their organization.
Upon installation of the windows, all but $850 of nearly $12,000 had been paid. At that time, I stated that I was not satisfied with the work; specifically, some parts were broken or not working properly, and that many of the screens did not have the operating hardware that I was promised.
The contractor made one subsequent visit to perform repairs, then said the remainder of the work needed to be completed by the manufacturer. The manufacturer did come out within a reasonable period, but needed to order additional parts to complete the repair. To this date all of that repair has not been completed.
I continued to receive invoices and payment requests from the contractor. Upon receipt of each request, I contacted the contractor by telephone and explained that the final payment was not made because the work was not completed. At no time did they dispute this issue. On several occasions they even offered to help contact the manufacturer.
Two weeks after one such follow-up telephone call, I received a notice from the contractor that a Mechanic's Lien had been filed with the Los Angeles County Registrar-Recorder. No preliminary 20-day notice was sent. When I questioned this, they said they did not know that one was required.
The contractor refuses to admit any wrongdoing, despite acknowledging that I was in continual communication with them. I asked them to pursue an expungement of the lien, and they said the $500 legal fee was too costly.
I do not dispute the monies owed, and the work has now been completed to reasonable satisfaction. However, I am not willing to endure the blemish on my credit and property record due to this contractor's mistake and misunderstanding of legal procedure.
What recourse do I have?
I entered into a contract with a window replacement company several months ago. My interactions with the company were at many times strained due to (admitted) lack of proper communications within their organization.
Upon installation of the windows, all but $850 of nearly $12,000 had been paid. At that time, I stated that I was not satisfied with the work; specifically, some parts were broken or not working properly, and that many of the screens did not have the operating hardware that I was promised.
The contractor made one subsequent visit to perform repairs, then said the remainder of the work needed to be completed by the manufacturer. The manufacturer did come out within a reasonable period, but needed to order additional parts to complete the repair. To this date all of that repair has not been completed.
I continued to receive invoices and payment requests from the contractor. Upon receipt of each request, I contacted the contractor by telephone and explained that the final payment was not made because the work was not completed. At no time did they dispute this issue. On several occasions they even offered to help contact the manufacturer.
Two weeks after one such follow-up telephone call, I received a notice from the contractor that a Mechanic's Lien had been filed with the Los Angeles County Registrar-Recorder. No preliminary 20-day notice was sent. When I questioned this, they said they did not know that one was required.
The contractor refuses to admit any wrongdoing, despite acknowledging that I was in continual communication with them. I asked them to pursue an expungement of the lien, and they said the $500 legal fee was too costly.
I do not dispute the monies owed, and the work has now been completed to reasonable satisfaction. However, I am not willing to endure the blemish on my credit and property record due to this contractor's mistake and misunderstanding of legal procedure.
What recourse do I have?
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