mechanics lient hot tub

[dolcean]

What is the name of your state? Illinois

I setup a call for a company to repair my outdoor hot tub. The company indicated that they would arrive on a date between 10 and noon. They did not arrive until 2pm and at that time I said I was no longer interested and had to go. They insist that I pay a $125.00 trip charge. I refused and they said they will put a mechanics lien on the house. When the attempt to put the lien on the house who do I fight to have it not recorded or dismissed ?

 

[coosi]

http://www.smithlandmeier.com/mechlien.htm

STEPS REQUIRED OF A GENERAL CONTRACTOR TO ESTABLISH A MECHANIC'S LIEN
The requirements that must be met by a general contractor to establish a mechanic's lien are as follows:
A valid contract: There must be a valid contractor for performance of the work. Although the contract can be verbal, it is always better practice to have a written contract, with a complete list of all work to be performed, and all of the terms of the contract clearly stated.

The contract must be with the owner, or with someone "knowingly permitted" by the owner: The contractor should determine at the outset whether the person engaging his services is the owner of the real estate, or is knowingly permitted by the owner to make improvements. The best practice is to determine (by a current title commitment or title search) the identity of the owner of the real estate, and require the owner to join in the construction contract. ....

Married Persons: Where one spouse (i.e., the wife) holds title to the property, and the other spouse (i.e., the husband) enters into the construction contract, the contractor claiming a mechanic's lien would have to prove that the spouse holding title knowingly permitted the other spouse to make the improvements. It is therefore best to require both spouses to sign the contract.

The contractor must furnish materials or services: The types of "materials or services" which must be furnished to create a contractor's lien are specifically described in the mechanic's lien statute. The statute is very detailed, and almost all types of materials or services used in construction are included.
Performance of the contract: The contractor must complete work under the contract, or show a valid excuse for non-performance.

Sworn Contractor's Affidavit: The contractor is not entitled to be paid unless and until he gives the owner a sworn contractor's statement, and a Notice about subcontractors. Therefore, this step is crucial to both your right to be paid, and your right to claim a mechanic's lien.

 

[lwpat]

It is understandable for a service mechanic to be late. He never knows exactly how long one project will take. If you were not going to use their services you chould have called their office at noon and cancelled. Since you did not call and cancel you should pay the trip charge which was made in good faith.

The owner of the company has to pay his employees and the expenses of the trip. 125 does seem a little steep so you may want to offer a lesser amount to settle.

 

[JETX]

I disagree with lwpat.
The contract was for the service person to be there between 10am and noon. He arrived at 2pm. Clearly, the service company breached the verbal contract and has no right to lien. Additionally, they had an obligation to contact the writer and notify about THEIR delay in schedule, not the other way.

 

[HomeGuru]

In adddition, there was no enforceable contract or a "meeting of the minds" with respect to the trip charge. My opinion is that this is a frivilous claim and warrants a complaint against the contractor with the respective regulatory agencies if there is a lien application filed.