Mechanics Lien and Unfinished work

[kboyd2005]

What is the name of your state (only U.S. law)? NY
Contractor attempted to install wrong size custom made cabinets in my home. Some cabinets are too tall, some are not wide enough. In our contract, the contractor was responsible for all measurements and placing the order with the retailer. Contractor wants to alter the drywall to accommodate the cabinets. I, homeowner, do not accept that solution since custom-made to fit was the requirement, I do not want to alter my walls to fit the cabinets. Contractor put lien on property for remaining labor amount and the cost of the cabinets. The cabinets costs $3400, and labor was $1200. Contractor received $700 so far. Cabinets are in my home and part of the cabinets are hung. How do I respond to and/or remove the lien? How to proceed since I still want correctly sized cabinets.

 

[tranquility]

You pay it or sue to have it removed. But, your victory is not assured in a suit. While reading the contract and knowing all the facts would help, I suspect some of the issue is the OP's standards.

 

[LdiJ]

You pay it or sue to have it removed. But, your victory is not assured in a suit. While reading the contract and knowing all the facts would help, I suspect some of the issue is the OP's standards.

You could be right Tranq, but I can tell you that most contractors these days are strapped for cash, and since the badly sized cabinets are probably the fault of the contractor, they are going to do everything they can not to eat that 3400.00 for the cabinets. Those mechanic's liens require no legal action to place and since a contractors knows that no homeowner is going to allow them to do any further work in their home once they place one, their hope is that the homeowner will pay to get the lien removed, and that they will get their labor costs without actually having to perform any further labor.

I understand the underlying spirit behind mechanic's liens, but I wish that they were not quite so easy to get...and I have two brothers who are contractors.

 

[kboyd2005]

Thanks for your responses. What does "homeowner will pay to get the lien removed, and that they will get their labor costs without actually having to perform any further labor." Do you mean pay an atty or payoff the contractor to remove the lien?

Some additional questions, if anyone knows:

Does the contractor have to provide any proof or supporting docs to file a lien, or do they fill out a form and file it?

Is there some way to dispute a lien's validity, any due process for the homeowner?

What are the first steps a homeowner should take once a lien notice is received?

 

[You Are Guilty]

I believe you would need to avail yourself of the NY Lien Law, and more specifically:
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$LIE59$$@TXLIE059+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=37129060+&TARGET=VIEW

There are a lot of potential grounds to challenge the lien, way too many to go over on a website. I suggest you read up a bit on some of them, then speak to a local lawyer if you are interested in fighting the contractor further. Here is one article with a good overview:
http://newsandinsight.thomsonreuters.com/New_York/Insight/2011/10_-_October/Mechanics’_liens__Easy_to_file_and_a_challenge_to_enforce_or_defend/

Good luck.

 

[Jimhassel]

You have so many issues in concern, I therefore suggest you to hire an attorney and find out what your options are. And as far mechanic's lien is concerned, you can vacate it by posting a bond and then litigating the validity of the lien and whether or not the contractor breached his agreement by furnishing incorrectly sized cabinets. Alternatively, settle this with your contractor as it will be cheaper in the long run.