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roofing disaster-- lein filed

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chrismal

Junior Member
What is the name of your state? NY

we just had our roof replaced, made two payments to the contractor and held the third as the job was so obviously troubled. he in turn, threatened a lein before any attemt at rectifying the situation. i then in turn filed a claim with small claims court. the date is set for 6-17-05. anyway, low and behold last night a lein was delivered to me, it is a hand written thing by the contractor stating that a lein has been filed with the county clerk. my question is, does the contractor "filing a lein" with the county clerk mean that there is automatically a lein on my home (indicating that i owe them money)? or do they have to somehow prove themselves to get a judgement? i would hope it's the latter. also i am very curious as to why a person is able to file a lein when there is already a court case pending the situation.
 
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John Se

Member
perfecting a lien

filing a lien is easy, perfecting a lien and getting a judgement is another matter. hsould you win in smc, then the judge will order the lien released.
 

lwpat

Senior Member
You need to do quite a few things in preparation for court.

First you need to send the original contractor a demand to complete the project. Send it CRRR. Give him ten days or you will have the project completed by another contractor. This all needs to be per your written contract with them so read the terms carefully and also consult the attorney that reviewed it for you before you signed.

If there has been damage as a result of the roof not being completed then file a claim with their insurance carrier. The information is on the insurance certificate that they provided you before you would let them start work.

Contact the supplier that delivered the materials to the job. If they have not been paid you may have to pay them. It is always a good idea to write dual check made out to the supplier and the contractor and have each of them execute a release of lein for that amount.

Then have a professional home inspector that will agree to testify inspect the project and give you an opinion. You will need to have him approved by the court as an expert when you go to trial.

Get three quotes to complete the project. After the ten days enter into a contract and have the work completed.

If the original contractor was required to be licensed then file a complaint with the licensing board. You may have to stay the small claims while they investigate. Also check to see if any permits were required and if he obtained them. If he was required to be licensed and is not then you do not have to pay anything. Get a certified statement from the board.

In small claims you will have to prove damages and they cannot be speculative. Without following the above you are very likely to lose.

The handwritten note is worthless. Any lein will only be after a court hearing and you will have to be served by the court. Sounds like he is a scam artist.

If all of this sounds like a lot of paperwork it is standard practice for a legitimate company. Scam artists run when you start doing things properly.

Have an attorney review all of your paperwork and assist you with your preparations prior to trial. Also find out the court schedule and sit in on several other cases so you will be familar with the procedure. Good luck.

so obviously troubled
Of course the above is taken with the assumption that your statement is correct. Many times owners have the wrong expectations. We have no way of knowing the status of the job or the quality of the work. This is where you need the inspector's advice.
 

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