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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31560
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Drywall guy did bad work and told me to keep $75(15%) until

Resolved Question:

Drywall guy did bad work and told me to keep $75(15%) until satisfied. He said the paint would cover inperfections. They did no such thing. I don't want to have them work in my house again. Or pay, but they said they would put a lien on house.
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Roger replied 6 years ago.

If they didn't perform the work as agreed or in a workmanlike fashion, you can refuse to pay.

 

It is true that the contractor can place a lien on your house - and you can't stop him if he tries. However, you can file a petition to remove the lien and get a court order setting it aside because it is filed over a contested issue and that the contractor didn't perform the job he promised.

 

If a lien is placed against your house, you should see a construction law attorney in your area about having this removed.

Customer: replied 6 years ago.

Does getting a petition AND court order to set aside cost money?

And where would I go about doing that???

Expert:  Roger replied 6 years ago.

Yes, it will cost you a filing fee to file the petition - and attorneys fees if you hire a lawyer.

 

However, you should be awarded these fees (court will require the contractor to pay) if the court finds in your favor.

 

You will have to file the petition to remove the lien with the court where the lien is recorded.

Customer: replied 6 years ago.

Last thing. If I get the lien, is it really that bad?

 

Are there big consequences or IS worst case of the lien, just paying the $75?

 

 

 

 

Expert:  Roger replied 6 years ago.
A lien will effect your credit and also interfere with your ability to sell your home if you choose to do so.
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