no because he wouldn't finish without additional 19,000 and he was already over his original amount in contract we knew he could never finish project within dollar amount specified in contract, also we got a letter of intent to place lien on our property because he owed them 15,500
on our job site
did you receive my last info
Thank you for your follow-up.
Here is the issue as it currently stands--under common law if there is a potential breach or changes in terms, the parties have to give each other 'reasonable' time to cure the breach or find a compromise. Simply breaching and cancelling permits the other party to claim that a full breach took place, and claim damages in the value of the full agreement and for full amount parties agreed upon. As a consequence their lien, at least as it stands, is perfectly legal and valid. What you would therefore need to do is consider claiming that they acted in bad faith and demand removal of the lien. But until you allow them to finish the project at the original value, they can keep the lien against you. Then you would need to give them written notice of a deadline to perform and if they fail, THEN take them to court over breach and removal of the lien. But please be advised that you will be working uphill as you have essentially breached first, even if it was them who increased the price on you.
Hope that helps clarify.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).