We hired my husband's cousin to do some work on an addition to our house and build a shop next to the house. We have had several issues.First is shop has never been completed. We had a date for shop to be completed on the contract but he wanted more money to finish. But there are still no steps on the side or the back and no gravel Driveway beside the shop, which the outside was all included in the original contract. I went through all the paperwork and my husband paid for cabinets that were suppose to be included per the contract. Next, the addition we put money down and the rest was due at completion per the contract. He asked for money early and got 7000 early. It finally got finished and he charged us late fees because we were out of town and did not pay him at completion because we were not here. Now, he left an envelope with the keys and a statement of late fees because he said funds were not available. The bank says there was hold on the money because of the amount
State/Country relating to Question: Tennessee
We have tried to be nice because it it my husband's cousin but he keeps trying to get more money. I'm not sure what to do next or what legal grounds he has to do this.
If you do not finish paying in accordance with the contract he can take a construction lien on your property. Your recourse of course is to file suit here for Breach of Contract since he has never properly completed the job and your payments were reasonably ontime and if you were out of town when he completed and the completion was outside of the time when he was supposed to have finished then you would have a claim that the late fees were as unreasonable as had he finished on time you would have been in town to pay him ontime. Additionally, just because the funds were being held by the bank because of the amount, that does not mean you did not pay him. You paid him when you gave him the check and as long as the check was valid, it is not your problem for the check being held to clear his account. Unfortunately, this means you would likely end up in court suing him for breach of contract to get him to finish or to recover whatever costs you incur because he did not finish and offset that from what he is claiming you still owe.Zoning ordinance enforcement
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He has been paid fully per the contract but is now asking for another 1200 in late fees because the bank held the money. Can he take out a lien for that?
He can try and you would have to file an objection in the court to the lien as not being valid. And again, as long as you had the money in your account when you gave him the check, you paid on time and the fact the bank is delaying his obtaining the cash does not make your payment late.
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