Crazy Contractor and now threats daily

[Rachel Stopka]

I unfortunately hired a contractor for a house I just started rehabbing and he sounded really good! He came in with all sorts of experience ace telling me how great his work is. The project started and from day one he started to boss around my electrician Abe my roofing guy. That obviously upset them and had to talk to him about that. Long story short after a week I had to tell him to not come back to job site until we were ready for him. He started putting up drywall before my electrician was even close to being done as whole house needed to be brought up to code. He would state let your electrician cut my drywall where needed. So I told him to leave. He got very upset and took all his tools and has decided not to come back. Which was fine by me. He has since started sending emails and numerous texts that he wants 6K for work completed. The whole contract was for 14k and he has done maybe 1/5th of the job. He is now threatening me with mechanics lien on this current house and other property that is currently for sale because he did work there which was paid for in full but wants more money as well for a drill he claims was stolen from the property. I also had to pay electrician extra for all the work he had to do extra because he went around and cut wires that were not supposed to be cut. I have no problem paying him what work he has done but not almost half when he has done very little. I am just wondering the process of a mechanics lien? We unfortunately never got to the point of writing up a contract just exchanging e-mails for scope of work agreed upon ace verbal agreement on price. I don't know what to do from here? I have told him numerous times I don't communicate thru text or e-mails. When he wants to sit down with my husband and I to agree on the numbers we can do that. I receive no phone calls just daily threats of mechanics liens. Any one that can provide advice would be greatly appreciated.

[J Scott]

I'm not an attorney and I don't know the laws in your state. I also think I'm probably less risk averse than most people when it comes to things like this...I don't mind risking a lien or a pissed off contractor.

That said, this is how I'd proceed (though I'm not saying it's how you should proceed):

1. First, I'd considered consulting an attorney, depending on how strong of a case I thought I had and how much/little I felt like dealing with the contractor.

2. Second, I'd find out what the lien laws are in your state. In Georgia, for example, the contractor only has 90 days from the last date he did work to file for a lien. So, in Georgia, I'd try to drag the argument with the contractor out 90 days in hopes that you pass that magic number and then he has absolutely no recourse other than a civil or small claims suit.

3. At some point, I'd decide how much I was willing to pay for the work completed. This would be based on what I'd be comfortable defending in front of a judge. From there, I would send a letter (certified mail) to the contractor laying out my case for what was agreed to, what was completed and what I thought was reasonable compensation. The letter would also state the reasons the contractor was fired and the issues he caused on the job. Write this letter as if a judge will read it, as that may be the case. Tell the contractor to contact you if he'd like to accept that offer and be done with it.

4. If, after the letter was sent, the contractor keeps harrassing you, I'd let him know that you feel threatened and that if he keeps harrassing you, you will contact the police. Also let him know that if he doesn't want to accept your reasonable offer, he is free to file the mechanics lien. Also let him know that you'll be counter-suing for filing a false lien and harrassment.

5. If he does file a lien, that's when I'd certainly get the advice of an attorney. In the meantime, you should be able to bond around the lien if you want to sell the house.