Mechanics Lean - nightmare

[Glenn Espinosa]

I have a small time handyman who I had tasked to paint my house, install closet hardware, install finishing material, as well as paint the foundation of my house.

These items were supposed to be completed Friday and have been pushed back from saturday, to monday, and up to now still not completed. So far he has painted the house but has not completed finish painting, the closets are still not complete.

We are in verbal agreement. No contract. He is not a licensed contractor.

As he is 3 days late with completing the work I have fired him. I have agreed to pay for his materials as well as the work he has completed (gauging price is a challenge as there was no itemized agreement, although I am giving him the benefit of the doubt and paying him in labor more than I believe he has completed).

He has threatened to put a mechanics lean on the property for the full amount agreed on and believes it is my problem for firing him and deciding to complete the project myself.

I reside in VA. I am considering paying up and wiping my hands clean of this guy if its less trouble and hassle than a mechanics lean. I simply do not trust this guy to complete any more work for me.

What are my options here?

[J Scott]

Just to correct a misconception (at least in my state), you don't have to be licensed to file a mechanic's lien (again, at least in my state). Any contractor or sub-contractor can file a lien.

It's also worth noting that, while a lot of people talk about not hiring unlicensed workers, in my state there are only a few trades where licenses are required. They include General Contractors, Electricians, Plumbers, HVAC Contractors and certain types of engineers. Requiring a construction/trade license from every contractor doesn't make much sense, at least in my opinion. Not sure you'll ever find a carpet installer who's licensed, or a cabinet installer who's licensed, etc. They may have business licenses, but not trade licenses.

Now, as for insurance, that's another issue...I can certainly understand requiring every contractor to have insurance (or to be covered by a GC they work for)...