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Roofing contractor threatening a lien

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cwmayhem

Member
What is the name of your state (only U.S. law)? IL
I recently had to get a new roof and some other repair work done due to raccoons. I hired a contractor had the roof done, and he did part of the interior work as well. I decided to go a different way in regards to painting the rooms involved and asked him not to paint.
The roof was completed in mid- Oct., but the interior work that he did was not done until the first week of November.
The contractor, a friend of my brother's, knew it was an insurance job, in fact led me to a public adjustor. He kept demanding to know where the funds were to pay for the roof. I gave him all info I had, he demanded the insurance adjustor's phone number. Being new to this, I did not feel comfortable giving it out. So, 3 days later, he informed me that he intended to file a lien on my home if I did not pay immediately. We had a verbal agreement, not on the contract, that he would be paid as soon as I got the funds from the insurance. It took longer than expected to get the funds due to having to deal with the public adjustor as well on the check.
The amount is less than $8000 (in fact gave him a payment I got yesterday so balance is now less than $4000).
Also, he had emailed last week at one point and demanded $500 as he was going on vacation and wanted spending money.
Do I have any kind of recourse? What can happen?
He initially also gave me an estimate to file with the insurance company overstating the interior work and said "this will cover your deductible and we will split the balance" - about $10000. I did not do this. This was a vebal conversation - only the estimate is in writing - in fact, now he has another estimate he claims to have emailed me - he did not - that was about $6000 less.
Oh! And I did not get signed contracts until the beginning of November.

What can I do?
 


NC Aggie

Member
Based on what you've written, if this matter is taken before the court there would be a lot of he said/she said so the written contract will likely trump everything else. If you agreed to the terms of a contract and he's satisfied the conditions of the contract by completing the work, then you owe him....as simple as that. If there was an agreement that the contractor would be paid upon receipt of your insurance claim being settled then it should have been stated in the contract. Besides, the insurance company has settled your claim so what's the delay now?
 

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