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We received a certified letter from contractor who sub

We received a certified...

We received a certified letter from contractor who sub contracted out our cabinet builder. When estimate invoice was signed the representative of the contractor said that he would send/bring us a copy of signed invoice and receipt of payment (which we paid $9,050.00 by check) and that we were about 2 weeks out for the cabinet builder to start our project. After several calls to the contractor I was informed that I needed to direct all my calls to the cabinet builder and not to them any more. A year to the day later.... 1/2 of our cabinets were delivered and low and behold the contractor showed up following my every step to get the other 1/2 of the payment. I told him I never received contract or receipt and that I wasn't paying full balance until all was installed and that I was satisfied. So I gave him another check in the amount of $4,500.00... once again NO receipt. Six weeks later, the other 1/2 of my cabinets were delivered and installed. The cabinet builder was at my house for 3 days installing my cabinets. When completed he went to the contractor to get payment and they were out of checks, so I offered to pay the sub contractor and this was ok'd by the contractor's secretary. I paid the sub contractor the balance on his invoice that he had no problem providing leaving a balance due to the contractor of $1,050.00. This amount according to the sub contractor's invoice was the exact amount overcharged to me by the contractor... as price gouging of a flood victim. The contractor sent another person to my house (7:30 a.m.) the next day wanting payment, when I told him I paid the cabinet builder he yelled at me telling me I wasn't suppose to do that....I informed him that his own office gave me permission to do so. He yelled again telling me I was not to do that and how much did I pay him... I told him the amount and he was furious. At this time I felt very threatened being a woman alone at my house and told him this was not a good time that he would have to come back later. He has never returned and then we receive this notice... I would appreciate any advice you have to offer.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Louisiana

Lawyer's Assistant: Has anything been filed or reported?

We received a certified letter of NOTICE OF INTENTION TO FILE A MECHANIC'S LIEN

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The intention to file the lien is for the whole balance of $4,550.00..... I paid the sub contractor $3,550.00

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Answered in 5 days by:
2/17/2018
insearchoftheanswer
Category: Consumer Protection Law
Satisfied Customers: 56,889
Experience: Practicing lawyer for 31 years
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good afternoon. You need not worry; you had every right to do what you've done. And, you had every right to rely on his office instructions to pay the sub. And, his threat to file this lien is nothing more than intimidation. Don't pay him another dime more than the $1050 remaining; and if I were you I wouldn't pay that until he agrees to accept it as full payment. Don't worry about the threat of any lien. If the contractor were to place a lien, he would not be able to do anything with it unless he filed a suit and prevailed in that suit. Given your facts, he would not prevail, and the court would simply order the lien released. And, if the contractor doesn't timely pursue the suit, the lien will lapse automatically. And, based on your facts, he has no chance of prevailing on his attempt to collect any amount over the $1050.

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Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you!

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 4 months ago
Thank you for your response.... it just really got to me that he would intend to file a Mechanic’s lien for the whole amount of $4,550.00 when I paid the sub $3,550.00...leaving a balance of $1,000.00 (sorry my previous total was off by $50).... I’ve checked into the mark up of sub contractors and it’s 15-20%.... this contractor over charged me $1,000.00.... I guess that’s what upset the contractor is that I found that out when I paid the sub.... any further thoughts I would greatly appreciate..... thank you again!

You're very welcome. I would simply tell him you think he overcharged you, but you're willing to pay the $1050; but, only if he agrees to take in full settlement. Let him know if he files the lien and is stupid enough to file the suit on his claim, you will not only fully contest his claim, but you will also file your own countersuit for fraud, deceptive trade practices (both due to his over-billing) and breach of contract (due to the time it took to get the job done) and be asking the court to award you actual and punitive damages. :)

insearchoftheanswer
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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