mechanics lien as retaliation?

[AKOhio]

What is the name of your state? Ohio

We had a construction project recently, that went wrong. The written estimated price of the project was $3900. After the project was complete, we weren't completely satisfied (and the owner was aware) but we paid in full in person that day.

After a few days, the project began showing signs of major problems. We spoke to the owner twice, and he agreed to fix them. He never did, and he stopped responding to our phone calls so we filed a complaint with our local BBB.

The owner responded to our complaint with a message on our machine that we owed another $650-$700 for "extra" work that was not in our contract or ever mentioned to us before we complained. The day the "extra" work was done, the owner said it was a special service that "only they do." He never asked us if we wanted it...just did it as though it was a regular thing, no estimate, no bill. When he asked for us to pay, we gave him the remaining funds and he left without mentioning it.

He said we could pay the extra $$, go to court and have a mechanics lien on our home, or we could retract our BBB statement and we would go away.

We can't retract our statement, per BBB rules, and even so, decided that since our statement is truthful, it would stand.

He left a second threatening message, mentioning that he "knows where I work" and would garnish my pay, and his "pockets go way deeper than yours" because we didn't tell the BBB it was resolved. He now says the lien will be filed tomorrow, and he will take us to small claims.

What do we do? Does he have ANY grounds to do this?

 

[HomeGuru]

What is the name of your state? Ohio

We had a construction project recently, that went wrong. The written estimated price of the project was $3900. After the project was complete, we weren't completely satisfied (and the owner was aware) but we paid in full in person that day.

After a few days, the project began showing signs of major problems. We spoke to the owner twice, and he agreed to fix them. He never did, and he stopped responding to our phone calls so we filed a complaint with our local BBB.

The owner responded to our complaint with a message on our machine that we owed another $650-$700 for "extra" work that was not in our contract or ever mentioned to us before we complained. The day the "extra" work was done, the owner said it was a special service that "only they do." He never asked us if we wanted it...just did it as though it was a regular thing, no estimate, no bill. When he asked for us to pay, we gave him the remaining funds and he left without mentioning it.

He said we could pay the extra $$, go to court and have a mechanics lien on our home, or we could retract our BBB statement and we would go away.

We can't retract our statement, per BBB rules, and even so, decided that since our statement is truthful, it would stand.

He left a second threatening message, mentioning that he "knows where I work" and would garnish my pay, and his "pockets go way deeper than yours" because we didn't tell the BBB it was resolved. He now says the lien will be filed tomorrow, and he will take us to small claims.

What do we do? Does he have ANY grounds to do this?

**A: please clarify your post using 2 parties; the contractor and the homeowner.

 

[AKOhio]

The contractor gives estimate for $3900 completes work in a sloppy manner. After Homeowner complains and realizes this contractor doesn't care, homeowner pays the $3900 that is requested by contractor.

Homeowner sees work falling apart a few days later. Homeowner calls contractor on 2 occasions and contractor agrees to fix problems. Contractor never comes to fix it. Homeowner leaves 3 messages over a 6 week period without reply from contractor. Homeowner reports contractor to BBB.

Contractor then leaves message on Homeowners machine telling us to either:
1. Give contractor $700 for work unrelated to contract and unnessary and never mentioned to Homeowner until this day 6 weeks later. (It was a few bags of dirt where yard was slightly mishapen from the work. Contractor told homeowner it was a special touch by the contractor, just something the contractor does to make job look nicer.)

2. Go to court and have a lien on homeowners home.

3. Retract Homeowners statement to BBB.

Homeowner cannot retract per BBB rules and can only lie to BBB and say contractor resolved problem. Homeowner decides homeowner was honest in the complaint and will not lie on behalf of a contractor who is being dishonest.

Contractor leaves another threatening message stating he knows where the homeowners wife works to garnish her pay and will take homeowner to small claims because contractor has more money than homeowner and will fight it until contractor wins.

The basis of the contractors suit is work done and not paid. Contractor never gave estimate, written or verbal, never made attempt to collect until yesterday. Never asked for payment more that the $3900 when final payment was made in person the last day contracter was at homeowners home.

Homeowner has as evidence:
Signed contract
cancelled checks equaling contracted estimate

Contractor has:
Reciept for dirt
His employees as witnesses that homeowner demanded dirt. (Homeowner didn't demand dirt.)

I hope this clarify's this story. Based on what Homeowner has stated, does the contractor have a case?

 

[HomeGuru]

The contractor gives estimate for $3900 completes work in a sloppy manner. After Homeowner complains and realizes this contractor doesn't care, homeowner pays the $3900 that is requested by contractor.

Homeowner sees work falling apart a few days later. Homeowner calls contractor on 2 occasions and contractor agrees to fix problems. Contractor never comes to fix it. Homeowner leaves 3 messages over a 6 week period without reply from contractor. Homeowner reports contractor to BBB.

Contractor then leaves message on Homeowners machine telling us to either:
1. Give contractor $700 for work unrelated to contract and unnessary and never mentioned to Homeowner until this day 6 weeks later. (It was a few bags of dirt where yard was slightly mishapen from the work. Contractor told homeowner it was a special touch by the contractor, just something the contractor does to make job look nicer.)

2. Go to court and have a lien on homeowners home.

3. Retract Homeowners statement to BBB.

Homeowner cannot retract per BBB rules and can only lie to BBB and say contractor resolved problem. Homeowner decides homeowner was honest in the complaint and will not lie on behalf of a contractor who is being dishonest.

Contractor leaves another threatening message stating he knows where the homeowners wife works to garnish her pay and will take homeowner to small claims because contractor has more money than homeowner and will fight it until contractor wins.

The basis of the contractors suit is work done and not paid. Contractor never gave estimate, written or verbal, never made attempt to collect until yesterday. Never asked for payment more that the $3900 when final payment was made in person the last day contracter was at homeowners home.

Homeowner has as evidence:
Signed contract
cancelled checks equaling contracted estimate

Contractor has:
Reciept for dirt
His employees as witnesses that homeowner demanded dirt. (Homeowner didn't demand dirt.)

I hope this clarify's this story. Based on what Homeowner has stated, does the contractor have a case?

**A: most likely not.

 

[StakeDriver]

Contract?

I suggest:

1) Read your contract. There should be a clause regarding extra work. The contractor must follow the procedures set forth in the contract to receive extra money. Most likely he did not follow the required procedures. Hopefully such a clause exists. When I administered construction contracts on behalf of two government agencies, the contractor was required to notify us within 10 working days, in writing, of extra costs. There were strict requirements regarding substantiating those extra costs. It can't just be whatever he feels like he deserves.

2) Complain to your State's Contractor License board. The BBB is a private organization; the State Contractor's License board has control over your contractor.

 

[AKOhio]

There is a clause that states "Any alteration from above specs involving extra costs will be executed only on written orders."


Thanks for your help...we will take your advice and contact the contractors licensing board.

 

[HomeGuru]

There is a clause that states "Any alteration from above specs involving extra costs will be executed only on written orders."

**A: in that case, verbal does not count.
******


Thanks for your help...we will take your advice and contact the contractors licensing board.

**A: keep us posted.