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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118634
Experience:  Attorney experienced in commercial litigation.
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A roofing company sent me a notice of a lien being placed on

Customer Question

A roofing company sent me a notice of a lien being placed on my house if I did not give them money for half of the roof replacement cost. I am confused by this considering we have not had any work done or materials ordered. I have a work agreement contract with them and wanted them to replace roof originally but not an unable to do so with a good conscious at this point in time. I have an insurance check for the roof and the documents they sent that show details of the house and what needs to be replaced ( I never gave this to the company and never sat down with them to create a work proposal on the specifics of how much material, time frame, etc...). I am confused how they are going to calculate the value of which the lien will hold, in addition to the grounds that it was placed in the first place. As I sit right now I have had now work done and no materials ordered for the house. the only cost they would be able to reference is the approximate cost on the work agreement contract. How can they place a lien for money that has not been spent and labor has not been conducted.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did you have a contract with them to do work, not whether they did work or ordered materials, did you sign a contract with them? Contracts are used and written to bind people to the terms in that contract, if not they would be meaningless. So what did the contract state that you signed in the beginning to agree to work? If you signed nothing ever with them, how are they even involved?
Customer: replied 1 year ago.
I have a work agreement contract yes.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Did you terminate the agreement within 72 hours as the agreement says you have to do in order to not be liable for breach of contract?
Customer: replied 1 year ago.
No I never tried to get out of the contract I had talked with them about replacing the roof in early spring
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
But what I am trying to understand here is you signed this agreement saying you would let them do the work on your house and it says that after 72 hours you cannot cancel and are bound to the contract. So they are placing a lien to guarantee the work will be done. Did they send you a preliminary notice warning you they would place a lien within 10 days?
They have an approximate cost in the contract of $15,000 so that is what their contract is based upon.
Customer: replied 1 year ago.
Notice was dated 16th of March I received it on the 19th and it said it would come into effect 7 business days after the letter was dated.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is a pre lien notice then. So, the issue here is if you cancel the contract and do not use them then you would owe them for breach of contract for not honoring the contract signed. The lien is to insure that you honor the contract with them. So you need to notify them when you want them to start the job, because if you do not they will sue you for breach of contract and to collect on the lien.
So, you have to deal with them now on this matter, you are not just going to be able to cancel the contract and the lien is to insure that you continue to honor the contractual agreement and they are allowed to try to enforce the contract. The calculation of the value of the lien is based on the $15K value of the contract, the amount they expect to earn if they complete all the work.
I would contact them and ask them in writing to not place the lien and give them time to start the work.