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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.
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