Contractor screwed up

[2curious]

What is the name of your state? TX

I had mold. I called a few companies that were BBB listed.
Accepted one. Got the remediation done and let them do the rebuild. They rebuilt our walls w/o insullation. Ruined most of our furniture with scratches. I asked for the all of the houses trimwork and doors to be painted high-gloss pure white. They painted the trimwork and doors in 7 various shades/textures of white paint! I asked them to fix items over and over and over. Each time - they said it was fixed and it would be worse than it was the first time.

Being a trusting idiot - we paid them all of the insurance money and we were going to hold the rest of the $ we owed for the extra work. Also - everytime I tried to get price quotes, I was told "...don't worry about it....I will roll it into the insurance...."

Now - I have moved back in out of haste. We had to do the plumbing in the house to be able to use it. We had to install the rest of the kitchen cabinets to use them.

They want us to pay them money and they can't even do the work professionally. I was willing to call it even and just wash it out. aka - spend the money to fix their problems instead.

Anyway - This weekend I was told by a friend that the guy is saying that he is going to put a lein on my house for the $. Can he do that? Our house is homestead.

Help!

t

 

[2curious]

oh yeah - I have not sued him yet b/c he has no assets. No house, no property, no car.... I can't get water from a dry well - can I? If anyone can help me with that - that would be welcome!

 

[JETX]

"I was told by a friend that the guy is saying that he is going to put a lein on my house for the $. Can he do that?'
*** Yes. It is called a "Mechanic's and Materialman's Lien".

 

[2curious]

How do I prevent it? He did not do what he said he would? My lawyer said I could sue him for all the $ paid plus - but I don't think he has anything.

 

[JETX]

"How do I prevent it?"
*** You 'prevent' a lien by paying the contracted price.

"He did not do what he said he would? My lawyer said I could sue him for all the $ paid plus - but I don't think he has anything."
*** You should have verified the contractors viability and required a bond if they weren't.

 

[2curious]

Well - I don't know anyone who will pay for work that is not done. He has been paid more than enough for the work that he did complete. I will not pay a cent more unless a REAL professional comes to finish the work.

 

[JETX]

"I will not pay a cent more unless a REAL professional comes to finish the work."
Then you could have a lien placed against your property.

Anytime you are considering getting contractor or mechanic work done, it is IMPERATIVE that YOU check out the contractor or service. In this case, you failed in your due diligence (and very probably went with the lowball bidder). Accordingly, you got burned. The contract has the legal right to place a lien on your property until such time as you pay it. He also has the legal right to file a lawsuit against you. The decision on whether he does either, or both, is purely his.

And since you have allowed yourself to be put in this position, YOUR only legal recourse is to pay him the contract amount and then file a lawsuit against him to recover for your damages. The fact that the contractor you selected may be insolvent is also your fault.

Best of luck.

 

[2curious]

Thanks anyway. The lawyer I spoke to said that even if he does try to put a lein on my house - it will not be worth anything unless he takes me to court and wins. He did not provide the services that he stated on the contract and the things that he did have done are not to code - so he can spend the money to try to sue me and I will counter-sue.
Thanks for your view.

Is anyone else out there? I thought this was a board - not a private email to JETX.

 

[HomeGuru]

I agree with everything JETX posted except you have the option of doing nothing and when the show cause lien hearing takes place, you have the burden of proof. If the contractor provided material and/or labor on your property, the court would allow the lien to attach pending trial.

 

[2curious]

I can deal with that. I don't plan to move anytime soon.

I have almost 200 pictures of proof. Numerous neighbor complaints about the contractors. And witnesses that heard the conversations that stated what work was to be done. The BBB is also researching them - I am sure he will loose that acknowledgment.

Thanks.

 

[HomeGuru]

Did you know that once the lien permanently attaches, the lienholder can foreclose on the lien? Ask your attorney.

 

[2curious]

yes - if he had the correct verbage in the contract. His contract stated nothing that would give him the legal stance to put a lien on my house. He will have to win the day in court first. I have no reservations that he can win. I will pay for the work - if it gets done as agreed. He has not done the work. He does not get the rest of the work - there are two ends to a contract. The consumer has rights also.

 

[HomeGuru]

yes - if he had the correct verbage in the contract. His contract stated nothing that would give him the legal stance to put a lien on my house.

**A: but why would the absence of any such language by law restrict him from filing a lien? Even if the contract explicitly stated "contractor hereby agrees not to file any liens on the subject property for any labor and/or material....." that would not waive the contractor's lien rights as permited by the statutory mechanic's and materialman's lien law.
******

He will have to win the day in court first. I have no reservations that he can win. I will pay for the work - if it gets done as agreed. He has not done the work. He does not get the rest of the work - there are two ends to a contract. The consumer has rights also.

**A: I do not totally agree with your position.

 

[2curious]

I can tell that neither of you agree with my postion. You keep going back to the lein -

I reiterate - I would pay him the money per the contract if he would do the services per the contract. He has not provided the services that he stated.

Do either of you need a new home? I would be happy to take your money and build you a dog house.

 

[JETX]

Sounds like '2' is going to get a lesson in Texas Property Code, particularly:
"§ 53.021. Persons Entitled to Lien
(a) A person has a lien if:
(1) the person labors, specially fabricates material, or furnishes labor or materials for construction or repair in this state of:
(A) a house, building, or improvement;
(B) a levee or embankment to be erected for the reclamation of overflow land along a river or creek; or
(C) a railroad; and
(2) the person labors, specially fabricates the material, or furnishes the labor or materials under or by virtue of a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor.
(b) A person who specially fabricates material has a lien even if the material is not delivered.
(c) An architect, engineer, or surveyor who prepares a plan or plat under or by virtue of a written contract with the owner or the owner's agent, trustee, or receiver in connection with the actual or proposed design, construction, or repair of improvements on real property or the location of the boundaries of real property has a lien on the property.
(d) A person who provides labor, plant material, or other supplies for the installation of landscaping for a house, building, or improvement, including the construction of a retention pond, retaining wall, berm, irrigation system, fountain, or other similar installation, under or by virtue of a written contract with the owner or the owner's agent, trustee, or receiver has a lien on the property."

And:
"§ 53.022. Property to Which Lien Extends
(a) The lien extends to the house, building, fixtures, or improvements, the land reclaimed from overflow, or the railroad and all of its properties, and to each lot of land necessarily connected or reclaimed.
(b) The lien does not extend to abutting sidewalks, streets, and utilities that are public property.
(c) A lien against land in a city, town, or village extends to each lot on which the house, building, or improvement is situated or on which the labor was performed.
(d) A lien against land not in a city, town, or village extends to not more than 50 acres on which the house, building, or improvement is situated or on which the labor was performed."

And"
"53.023. Payment Secured by Lien
The lien secures payment for:
(1) the labor done or material furnished for the construction or repair;
(2) the specially fabricated material, even if the material has not been delivered or incorporated into the construction or repair, less its fair salvage value; or
(3) the preparation of a plan or plat by an architect, engineer, or surveyor in accordance with Section 53.021(c)."

And if you were familiar with the above, you would realize that there is NOTHING in the statute as to 'quality of the job'. That is because THAT is a contractual issue that can only be resolved by YOUR filing a lawsuit.

For your edification, the specific Chapter can be found at:
http://www.capitol.state.tx.us/statutes/py/py0005300toc.html

As I said before.... Good Luck.

Signed, personal email.... JETX