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Updated over 11 years ago on . Most recent reply presented by

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Ethan Hamilton
  • Real Estate Agent
  • Omaha, NE
27
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86
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Potential Lawsuit, Any help or law interpretation/legal advice is much appreciated!

Ethan Hamilton
  • Real Estate Agent
  • Omaha, NE
Posted

I'm having a big issue with a general contractor who just finished flipping a house for me.

Contractor wrote me initial contract for $39,000. I signed it.

Work began and a few change orders had to be made, one for $5,350 for plumbing, electrical, hvac another for $8,000 shingles, painting cabinets, staircase, I signed both. Total for project now $53,850.

Now contractor sends me final bill and says with overages and add ons the total is $73,000. Work has been completed and we have paid $62,000 to date. She is threatening placing multiple liens on the house. I have asked for an itemized list of all charges, material costs ect and she will not provide me with one.

Any insight that you have even if it is very preliminary is much appreciated during this time of uncertainty. Many thanks to any and all who have experience or knowledge surrounding this issue!

Most Popular Reply

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,509
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

Not legal advice, from a contractor. Your written contract prevails. I assume your contract requires written change orders for extra charges to be binding. You don't care what receipts she comes up with, they're irrelevant, unless you approved the extra work. Why, if contract and change orders total $53k, have you paid $62k? Tell her to file all the liens she wants. In most states you can "bond them off" the property by placing funds in escrow, and there are penalties for filing false liens. You need a construction attorney, so you know all the laws, procedures, etc. and to get some legitimate advice.

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