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Joseph Leon
Joseph Leon, Attorney
Category: Legal
Satisfied Customers: 438
Experience:  General practitioner; all areas of law; practicing 15 years; licensed in 4 states.
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Me and my fiance own a consruction company. We subbed out a

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Me and my fiance own a consruction company. We subbed out a job for replacing some siding in the amount of $750/labor only, we supplied all material. We had a signed bid with this person and 1/3 way through the job he leaves for a week with the job incomplete. We had paid half down ($375) and remaining was due upon completion. Frustrated at this we hire another person to finish the job in a timely manner. Now the former person is claiming we owe him the remaining half and threatening to file a lien against the homeowner. Does he have any rights??? I would contact my lawyer but it is saturday night.... please help!!!
Submitted: 5 years ago.
Category: Legal
Expert:  Joseph Leon replied 5 years ago.
A few questions.

How long did you agree the job would take?

Did he tell you when he was coming back?

Why is the person surprised you hired someone else? What did he want you to do? Just wait?
Customer: replied 5 years ago.
There was no completion date set on the contract but we we verbally agreed that he was leaving town on friday and would finish on tuesday. We hired the new guy on thursday and we called and told the former guy we were having it finished. Yes very surprised. Also he screwed up some of his work he did. Lol I guess so but we are not going to put our entire company on hold for his little vacation.
Expert:  Joseph Leon replied 5 years ago.
I'm not completely clear on the time line.

He started on what date?

What date was the Friday you agreed he was leaving town, and what date was the Tuesday he was supposed to finish?
Customer: replied 5 years ago.
He started the job on january 22 (thursday) he left on friday (jan 23) and was supposed to be back on tuesday (jan 27) . But never showed.
Expert:  Joseph Leon replied 5 years ago.
You paid him half of the bid for one-third the work, and you paid for all materials.

He fails to show up from vacation and does not call you or inform you of when he will show up, and so you hired a new person however many days later.

I think the guy you fired has no rights, because he failed to show up for work. He can still file a lien, but you would have it removed.
Joseph Leon, Attorney
Category: Legal
Satisfied Customers: 438
Experience: General practitioner; all areas of law; practicing 15 years; licensed in 4 states.
Joseph Leon and 4 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
How would we remove the lien?? The Client is not happy
Expert:  Joseph Leon replied 5 years ago.
You would file a lawsuit to have the lien declared invalid. I don't recall off the top of my head whether you would get attorneys fees if you win, but you would have to lay out the money up front. I understand you are not happy. But I hope it is with the law, and not me.

You should talk to your attorney and maybe have him write a letter to this guy asap threatening to sue him if he files the lien.
Customer: replied 5 years ago.
Ok thank you so much!! You are so helpful!! I talk to my lawyer monday morning

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