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

    Mar 20, 2008, 07:36 PM
    Lien on a new building from builder in Idaho
    I checked other law questions and I'm not sure if this would be real estate law or other
    Law but here goes: We had a new shop built 6 months ago and paid all but 400.00
    Because they installed 15 lb felt instead of 30 lb felt in the roof under the metal top.
    The contract stated 30 lb felt. The total of the shop was $55,000.00 so staving off
    400.00 to get bids to re-do seemed fair. We sent them a letter stating such and we
    Got a reply today that if we touched so much as one screw then the 10 year no leak
    Warranty would be null and void! Then they said if we didn't send them $1000.00
    In one week they would put a lien on it... can they do that? And what kind of lien would
    It be? Shouldn't they be taking us to small claims court first? Any advice would be
    Most appreciated... frustrated in North Idaho!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 20, 2008, 07:41 PM
    No there are "mechanics lien" that construction people can place on property if the bills are not paid
    And it also happens (not your case) but had you paid the contractor in full but the contractor did not pay for the material, the material dealer can still put a lien on the home even if you paid in full, since they were ot paid,
    ** a reason to be very careful. I am not sure why the differnce between your 400 dollr and their 1000 dollar.
    You would have been better off paying them and then sueing them for the difference if they did not agree before hand for a reduction in payment
    oneguyinohio's Avatar
    oneguyinohio Posts: 1,302, Reputation: 196
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    #3

    Mar 20, 2008, 08:05 PM
    I also was thinking that you should clarify the difference between the $400 and $1000 with the person threatening to put the lien on your property.

    I would personally consider not paying them, then filing a law suit against them for not doing the job properly with the felt.

    It might be helpful for you to contact the owner of that company and speak directly to him as opposed to some billing agent that might be handling the financial end of things. Ask him if he wants to send you a statement that the bill is paid in full, or if he would rather meet you in court about not following the original contract... then he would possibly be responsible for a whole new roof... unless you have signed something allowing that variance from the contract, or if you signed that all work was performed to your satisfaction. I believe that company is still responsible for following the contract to the letter even if it means they eat the cost of a new roof for you with the correct felt.
    MOWERMAN2468's Avatar
    MOWERMAN2468 Posts: 3,214, Reputation: 243
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    #4

    Mar 20, 2008, 08:09 PM
    Well, you can sue and if you have judges like the ones we have around here you may or may not win.

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