How to get builder to "finish" so I can pay?

[MarkV]

Listen to 2manyrocks and find out at the court house what is required to free you from any potential liens. The process is not universal so you need to find out the process for your area. Here your certified "letter of demand", with a time limit which is normally 30 days would clear you. It does not have to be done by an attorney.

For $3500 I would fix it myself if I could be cleared from a possible lien.

MarkV

 

[oliver28472]

Did you have a contract?

 

[LBrown59]

How can he file a collectable enforceable lien on an uncompleted contract?

Listen to 2manyrocks and find out at the court house what is required to free you from any potential liens. The process is not universal so you need to find out the process for your area. Here your certified "letter of demand", with a time limit which is normally 30 days would clear you. It does not have to be done by an attorney.

For $3500 I would fix it myself if I could be cleared from a possible lien.

MarkV

 

[Richard]

Did you have a contract?

There is a contract but it's not as extensive as it could be. Also, there are no time stipulations since this was simply 2 rooms and a wrap around deck/roof. He was talking about being done in 3 months.

Little did I know at the time that the day they finished with laying the block on the first floor during PERFECT weather, they'd disappear for 5 WEEKS (presumably to work on another job).

On his return, he assured us he was going to use the father & brother of his parther (who also built log homes) as an extra crew to speed things up and they'd be out of here shortly.... I think this was last September? (sigh)

I don't like the idea of paying an attorney something just to write a letter either.... Then again, in fairness to any local attorney, I've not called to find out if he'd want $50 or $500 to write the letter.

 

[farmfun]

There is a contract but it's not as extensive as it could be. Also, there are no time stipulations since this was simply 2 rooms and a wrap around deck/roof. He was talking about being done in 3 months.

Little did I know at the time that the day they finished with laying the block on the first floor during PERFECT weather, they'd disappear for 5 WEEKS (presumably to work on another job).

On his return, he assured us he was going to use the father & brother of his parther (who also built log homes) as an extra crew to speed things up and they'd be out of here shortly.... I think this was last September? (sigh)

I don't like the idea of paying an attorney something just to write a letter either.... Then again, in fairness to any local attorney, I've not called to find out if he'd want $50 or $500 to write the letter.

Speaking from personal experience - use a local lawyer for this... You'll save alot of heartache and sleepless nights. Contracts are funny things, they can quickly turn into bottomless pits - especially should this gentleman be sued and trustees begin to look for sources of revenue to make OTHERS whole. Proceed with great care - you have no assurance he isn't already being pursued in some form. Please make sure your covered, in certain areas 3k is a retainer to START defending your property. Logic sometimes stops at the courthouse door, it's just not a good corner to cut. Here's hoping to spare your wife what my own endured...

 

[wedge40]

Sounds like you're learning a valuable lesson.. Think the whole project through, put it all in writing and then have a signed contract. I went through this 15 years ago when my pipes froze and broke while I was gone for Christmas break. Had to get someone fast so I could at least live in the place. Had verbal agreement that any drywall that got wet would be replaced. He decided that retaping a few places was good enough. Ceiling in the garage was suppose to be NOT textured.. I came from working to find the drywall guy texturing the ceiling. I told the guy to leave, take all his stuff and if I seen him I was going to claim trespassing. I had already give the GC half my insurance money and he ended taking ME to court because I refused to pay him for what wasn't finished.
From that day forward I learned to get EVERYTHING in writing.

Wedge