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RONB-ESQ
RONB-ESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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Had a renovation contract with a Contractor. Work was to be

Customer Question

Had a renovation contract with a Contractor. Work was to be completed in 45 days, ended up taking 180 days including us having to send 2 cure notices and finally having to have him removed from the project and hire other contractor to complete work. Fired him about a month ago and just this past week had the final work corrected and/or completed with the exception of some bad work we have to just live with. We sent him a settlement letter just yesterday stating what was owing to him which proved to be a negative from what we had held back. In the meantime he apparently had filed a lien on the property and we received notice today. We are looking at selling the property, have a contract currently so will bond off the lien ($8K) but what should be our next steps.
We feel very comfortable with our position on this matter as the contractor performed very bad work, didn't complete much of the work, we have receipts of where we hired others to complete the work. He had sent a letter during this last few weeks to a potential realtor who might have a buyer stating how certain things were not performed in an attempt to ruin a sale. His comments are about items that are clearly in his contract to perform so he has same as admitted the work was not completed.
Along the way he refused to provide us information on the subs performing the work even though the contract calls for him to do so. He would never actually provide us an invoice or billing along the way and certainly no interim lien waivers which we asked for many times. Basically after the contract was signed he approached the project as though he did not have to follow any of the rules. His construction was horrible with things like holding a brand new shower faucets together and installed with 2 pieces of wood and a rubber band wedged inside to hold in place. Some outlets didn't work. Sink stoppers wouldn't work. Cabinet doors installed backwards. However, somehow he did manage to get city to sign off on inspections although it is obvious from the pictures we have that many of the items did not meet code.
Any advice on the next steps we should follow: 1) Go ahead and find an attorney 2) Any type of letter we can send him to ask him to remove the lien for failure to meet his contract
Thanks
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  RONB-ESQ replied 9 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

It sounds like you have a good plan of action. You plan to obtain a bond to cover the judgment and then the sale will go through. I have found that mechanic's liens generally have very specific requirements and many times the contractor fails to follow one or more.

I think at this point you should engage a real estate lawyer. It may be that you can simply have him review the lien and then send a demand letter requesting release of lien or next we will file suit. If it comes from an attorney the contractor will pay more attention because he knows you are serious. You might find this of a little value really just covers what you have already completed. http://consumer.georgia.gov/consumer-topics/liens-against-your-home

You can go to findlaw.com or avvo.com to search for a real estate attorney near you. I prefer avvo simply because you can usually read more about the attorney.

Ron

Ron

Expert:  RONB-ESQ replied 9 months ago.

I thought I would give you a heads up that I am logging off for the night in a few minutes. You are welcome to respond here and I will respond to your questions when I am online tomorrow about 2:00 PM CST

Ron

Expert:  RONB-ESQ replied 9 months ago.

If you have any questions or concerns about my response, please reply and let me know. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I receive credit for the time I spent answering your question. If for some reason you don’t feel you can provide me positive feedback please reply and give me the opportunity to clarify my answer before giving me negative feedback.

Regards, Ron

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