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    melvis170's Avatar
    melvis170 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 24, 2015, 05:33 PM
    Lien on a contractor
    The contractor made me believe that the work will be done correctly and swiftly, not to worry. Well, that was over 2 years ago. My home had severe wind, rain and toxic damage. It has been unlivable. The home, I believe should have been replaced.This contractor is beyond slow and horrible work. I write emails to them stating I need my home repaired correctly by a certain date. These emails are ignored. I ask for status on the work, that too is ignored. I have pointed out the unprofessional work to no avail. Now they have dripped and smeared paint on my expensive furniture, in particular a beautiful China cabinet that my deceased husband bought for me when he was alive. They have not taped appropriately so the paint work is worse then a child.They paint my walls yet my floors still need to be repaired. They stripped my one bathroom, yet refused to take the damaged tub out and have already placed new drywall up! My home is in shambles. My kitchen has been stripped with no work being done. My youngest daughter are basically homeless. I am a disabled widow and cannot afford to live elsewhere then my own home. My daughter had to change schools which effected her honor role status. My home is still in shambles. The dumpster is over loaded with garbage. I had a beautiful 2 floor cape cod home on 10 acres which has to be maintained but I am living 70 miles away. My insurance was forced on me so I do not receive living expenses.The contractor has received all necessary funds plus more.This is not an issue of not paying. They have been paid but have failed to do the repairs and failed to do it properly! What can I do? I want compensation from the contractor for all the expenses I have. I will probably need a good contractor to fix their mistakes and the insurance company will not pay for that. Can I place a lien on the contractor? Can the contractor try to place a lien on my property even though I do not owe them money, they owe me properly repaired. Please help me!
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jul 24, 2015, 05:50 PM
    What have you done but complain so far?

    Been to the Local Zoning office where you live? Taken any other actions? This is actually important.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 24, 2015, 05:52 PM
    No. You may sue the contractor in court. If you win, the contractor or his insurance would have to pay you. If after you sue him, and win, if he does not pay then you can put a lien on his business. (which does not normally get you any money, if he has little assets)

    Of course to win, you will have to prove, which photos, and written documents from other licensed contractors that the work was not done properly.
    And that the storm did not actually cause the damage and would have damaged any home.

    Also no insurance is "forced" on you.

    Also, why was contractor fully paid, that should never happen, till work is completed, they only receive partial payments as work is done. And then final payment after work is completed.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Jul 25, 2015, 05:38 AM
    If you are in the US, one thing you need to do is look up his GC license number on your state.gov site, under licensing. Make sure he actually has a real GC license, not a lesser one, and that it's current. File a complaint with the state licensing board.

    I would PAY another real contractor to videotape the work, and to list all that is wrong.

    Then, yes, you have to sue. A lien doesn't get you anything unless he tries to sell his business, not a likely situation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 25, 2015, 05:48 AM
    They can't place a lien on you if you don't owe them anything. You need to file suit against them for damages or file a claim against their insurance carrier. I would hire another, reputable (try HomeAdvisors.com or Angie's List for recommendations) contractor (or inspector) to appraise the work and give you an estimate on what is needed to make the house livable. Then sue the contractor for that amount plus damages.

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