What is the name of your state (only U.S. law)? Pennsylvania
I signed a contract with a licensed PA contractor to install foundation piers to fix a crack in the brick on my house and a foundation crack. The contractor never signed the contract, but did do some work. The work was not done correctly, has not closed the crack, and has caused new damage to the brick. I contacted the owner of the company and he refused to do anything. He says they never said they would fix the crack, but only stabilize the foundation. The sales person told me they would fix the crack, but in any event the foundation is not stabilized either. The owner threatened to file a lien if I did not pay the balance due.
I filed a complaint with the state attorney general's office. It appears the contractor has violated multiple clauses of the relatively new state contractor licensing law. The law states that the contract is not enforceable when these terms are violated.
The contractor's attorney has now filed a mechanic's lien, and filed the unsigned, incomplete contract with the lien filing.
My questions:
1. I thought a contract had to be signed by both parties to be valid. Is this correct? If so, why would an attorney file a lien if the contract is not valid?
2. It appears in Pennsylvania that liens expire after two years. Is there a risk to just waiting 2 years and letting it expire?
3. I have an owner's title insurance policy - would the title insurance company defend this lien for me?
4. Do I need to do anything immediately or can I wait to see what the AG decides? What are the risks to waiting?
Thanks for your help.
I signed a contract with a licensed PA contractor to install foundation piers to fix a crack in the brick on my house and a foundation crack. The contractor never signed the contract, but did do some work. The work was not done correctly, has not closed the crack, and has caused new damage to the brick. I contacted the owner of the company and he refused to do anything. He says they never said they would fix the crack, but only stabilize the foundation. The sales person told me they would fix the crack, but in any event the foundation is not stabilized either. The owner threatened to file a lien if I did not pay the balance due.
I filed a complaint with the state attorney general's office. It appears the contractor has violated multiple clauses of the relatively new state contractor licensing law. The law states that the contract is not enforceable when these terms are violated.
The contractor's attorney has now filed a mechanic's lien, and filed the unsigned, incomplete contract with the lien filing.
My questions:
1. I thought a contract had to be signed by both parties to be valid. Is this correct? If so, why would an attorney file a lien if the contract is not valid?
2. It appears in Pennsylvania that liens expire after two years. Is there a risk to just waiting 2 years and letting it expire?
3. I have an owner's title insurance policy - would the title insurance company defend this lien for me?
4. Do I need to do anything immediately or can I wait to see what the AG decides? What are the risks to waiting?
Thanks for your help.