Contractor scaring me with contractor’s’ lien

[Peter Kozlowski]

Hey all,

I hired this contractor to do some balcony work on my property. I paid him 50% of the final price as agreed in our contract for the completion of 50% of the work. 

However, it turns out the work was of low quality upon closer inspection (he pressured me to pay him immediately after the work was done because he ‘had somewhere to be’ - my mistake to acquiesce), so when he texted me to ask about coming back and finishing the work, I told him I didn’t want him to return to finish the job. I told him I didn’t like his impatient attitude when I was inspecting his work and the quality of his work was ultimately unacceptable as grounds for my letting him go.

Whereupon he insists I still owe him $75 because he actually completed more than 50% of the work the first time around. I told him politely that I will not be paying him that money. 

He then told me he will be filing a contractor’s lien against my property for his ‘missing wages.’ I told him to go ahead, as I will be disputing everything he says that cannot be substantiated by evidence. 

My question to you all is: Can he actually successfully do this if I, the homeowner, dispute his claims and he doesn’t have the evidence to do so? My first thought was of course not, but then again I don’t have the experience many of you do in real estate, so I might be missing something. 

Any help would be mightily appreciated!

[Bill F.]

You can be rich or be right, which do you want? 

"I returned, and saw under the sun, that the race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favour to men of skill; but time and chance happeneth to them all." Ecclesiastes 9:11 

The world isn't neither fair nor just so what is "right" has no bearing on the situation. This idea that you'll fight it on the principle is simply a crutch to justify you making a non rational decision. The answer to your original question is yes he can do this and if he does, your property will have another lien on it. If you go to sell without doing anything, the lien will be paid off from the proceeds of your sale. 

All that matters is the first sentence. You didn't hire a licensed contractor so now you don't have all that much leverage over him. The outcome shows that your "pretty through vetting process" has been weighted, measured, and found wanting. 

Even if the cost of your time is $15 bucks, anything over 5 hours is a waste. Looking at it this from his point of view, he is an unlicensed handyman who probably lives job to job and has most likely already spent the other 50% of the deal. He is in a cash crunch and needs this for something. 

If I was in your shoes, I'd meet with the guy in person with a crisp $50 dollar bill in one hand and a mechanics lien release in the other. He signs the release he gets the $50 bucks.  5 to 1 odds he won't be able to pass up the sight of cold hard cash.