Lien question

I just did a job for a remodeler on an addition. About 3 square of shingles with tie-in and 6 square of EPDM. I quoted it at $2500. and he thought that was high at the time and I told him that I might do it for less if I could but that I couldn't guarantee it. I ended up with the job and billed him the full amount. Made the mistake of having my rubber guy do the shingles so I actaually am losing even at the original price but that's my problem. So I get a check a couple of days ago for $1500 and a note saying that that was all that job should cost. That is the first time I have had someone try to tell me what I should be charging. :lol: I called him back and we tried to be civil, I told him I would be glad to show him what I have in this job and why that is a fair price for the job. He says the company he used to use would only have charged that much. I told him that that is probably why that company finally went out of business. Last night I e-mailed him and said we can meet tommorrow or I can file a lien. He called this AM and said we should meet. I said call me when you are ready. I don't expect to hear from him. Tommorrow morning I will file the lein.

I assume that I need to lein the house that the job was done. I am wondering if I shouldn't alert the homeowner when I do it. Any one ever had to lein a house for something like this?

I knew better than to work for this guy, but I did it any way. Some day I will learn to follow my instincts!>>>

I hope you have that 2500 in writting and signed otherwise it is his word against yours = And i am sure he is pizzed - I know it is too late now but there are Intent to file notices you could have sent or pre lein notices that could have been sent - Or even contacted the Owner of the property in a non threatening way - and informing him/her there may be a problem. Here in MN before you are able to file a lien you need a pre lien notice or Intent to file lein - Also for our contracts to be legally binding we need to give notice of the Statute - Our Intent to file lein has always worked for us when contractors - Homeowners - Did not want to pay. Hopefully he has not been paid in full from the owner and has alot of loot coming to him it will be to your benifit if he wants to be paid - If not you may be waiting awhile.>>>

one thing I know about Massachusetts lien laws is.... it has to be renewed every year, somehow....I have had a lien on a property since 1974. I don't know how the heirs to the estate of the now deceased owner are dealing with it, but I assume that it will probably be settled by my great grandchildren and their great grand children. Also, if working for a property that is being sold, or is sold, there's a good chance that you might not be the only one waiting to get paid, and.....if they close before you're lien gets approval.....you might be out of luck... sometimes in a remodel, a re-finance situation will be in effect, after the final payments are made, and a total amount borrowed is determined, and the new mortgage completed. In this case, a motion for a speedy trial might be necessary to beat the registry of deads to tying up this property and your money. Hope this helps.... >>>

Hi, I jumped on the badwagon here a bit late! I would have called this contractor guy and told him if he didnt pay me within X amount of time i would be notifying his customer of the matter and letting his customer know i will be filing a lien. If he still didnt do anything then i would proceed with the lien. I had to file one for 7 thousand dollars a few years ago. Turned out the lady i did the job for didnt even own the house. It had been willed to her and several siblings plus had some tax liens on it already. And some bank had an interest in the property also. What a friggin mess. Well turned out over two years later the bank paid off the taxes and that left only yours truly standing in the way of the bank possesing full ownership. They decided to pay me off, repo the house and sell it! So i got paid. And it couldnt have come at a better time. Good Luck my friend!>>>

You did the right thing. My advise always listen to your wife . " happy wife is happy life " that is a title of a comedians CD. You are very serious about your finances , business. You have put every one on notice. That's cool. By not meeting with this guy IMO is the wrong move. I would call him and tell him what you have done and would like to resolve the situation immediately. the homeowner is going to have questions . I have made that mistake out of being pizzed cutting communications and it wasn't the right way to handle it. You are absolutely correct in filing and on a timely basis .>>>

You are missing the point Gerry.

He might want to pay you and upon payment, you can then provide him and the customer a "Release Of Lien", but not before the debt is cleared to your satisfaction.

Meet with him and let him know that you take your business and finances very seriously and have acted accordingly.

You may also want to initiate contact at this time in person or by phone and inform the customer home owners of the actions that you had to take and for their OWN best interests, it would behoove them to ensure that the contractor honors his contractual debt to you, because they are the ones that wind up suffering. Especially, if they wind up paying additional funds to the contractor on the good faith belief that their are and will be no incumberances on their property.

By no means, was I trying to suggest that you delay or not file the Lien. That is your best and quickest way to get what you are due.

Meet with him and make sure he knows that you stirred up the pot and the consequences are a direct result of his inappropriate actions, which he can still remedy with full payment immediately.

Ed>>>

Being that I already gave him a chance to meet with me and did not hear from him quickly enough I have already filed the lein. I took my wife's advise. Sometimes that's not always best but at this point I don't want to talk and I don't want to bargain. Maybe I should have given him the chance but it's too late now. :S>>>

I would meet with him also. Nothing gets accomplished in a vacuum . If he becomes an A hole . I'm with ED. It wouldn't hurt to talk. Might even open up some understanding. He did the wrong thing by doing what he did.>>>

Call him back and meet with him and see how the conversation goes.

Maybe he reconsidered?

But.....When it looks like he isn't budging, then either inform him of the Lien status or hand him a copy of the Lien.

Also, just to rub salt in his would, inform him that a copy has been sent to the customer and their mortgage company.

Ed>>>

Thanks for the input guys, We went and filed the lein this AM and mailed out certified letters to the contractor and the homeowner. And of course he calls me about a half an hour later to meet with me. I let it go to voicemail because at that point it didn't make any difference and I do not care to have to beg or bargain to get what is mine. I'm sure he will blow a gasket when he gets his letter and he will smear me to no end. That pisses me off too but, Oh Well, at least he will know I'm not just doing roofing for his profit. It still amazes me that he would try to tell me how much my work should cost. :woohoo: >>>

If the check you cashed had noted it was for full and final payment, I suspect filing a lien would be for naught. If you are located in Penna., and the remodeler filed a waiver of lien and/or you received a purchase order indicating a waiver, you are again out of luck. This stupid law has been on our books for generations, and despite our pleadings to have it removed, our wonderful law makers, guided by strong banking interests, just don t give a damn. There are only 2 states in the country that have this unfair and unjust procedure.>>>

I would do something like what HOP said file an INTENT TO LIEN with the homeowner and explain it to them in a way like this -- It is standard practice before you pay the contractor in full to make sure you get a lien waiver from him on my behalf otherwise we can file a lien if we are not paid up. I would also suggest not bad mouthing or mentioning anything about him not paying you otherwise the HO might have problems paying the General. Make it sound like it is a standard practice.>>>

I have all of the forms and instructions on how to file it correctly if you need.

Since you are already planning on doing it, I suppose that you are familiar with the Illinois Mechanics Lien Laws already though.

Remember, documentation, Sworn Statements, Notarization of the Sworn Statement and I think the Lien also, plus send notice to everyone on record of title, including any mortgage companies a copy of the Intent to Lien firstly and them the actual Lien Notice.

Also, if you had it in your agreement in your written contract, add in the fees and costs and attorneys fees and a notice of interest to be calculated from the date of the breach of payment.

Ed>>>

Here in Florida, before you file a lien, if you are not in privity, you must first send a Notice To Owner. After you file the lien, the contractor (remodeler) that hired you will likely send you a "Notice of Contest of Lien" which stipulates that you must file suit to enforce the lien within 60 days or basically, the lien goes away. Bottom line, the only thing that really matters now is what you have in writing. Without a written contract, you are just wasting everyone's time.

I hope you have your agreement in writing.

Best of luck. I hope you get what is owed you.

>>>

We can talk about listening to your inner self after the lein is filed. I would let the homeowner know. I would have the supply house file . Let anyone and everyone who is even remotely involved and of course you have already let us know . We don't have any thing much to do with the pressure that should be put on. Even if you do hear from him . If you are of the idea that you will be paid. Demand payment except nothing short. Don't lose your temper or he wins . Calmly and passionately demand payment. Don't let him under your skin.>>>