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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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An independent contractor is saying I (the homeowner in PA)

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An independent contractor is saying I (the homeowner in PA) am required by law to give him 3 chances to fix the substandard and not up-to-code job he did in my house. Is that true?  He also is threatening to put a mechanics lien on my house.  His original quote was $500, then he increased it to $625 during the job because of a measuring error he made.


My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The homeowner must give the contractor the opportunity to make reasonable efforts to repair the damage before suing for a full refund. I am not able to locate any statute that says that you have to give him three chances. If he is saying that such a statute exists, he'll need to provide the statute number so I can read and see what it says. But I've never heard of such a law, and am not able to locate one.
Customer: replied 4 years ago.

i am not suing him for refund.... i stopped payment on my personal check to him........ i am willing to pay him for materials but don't trust that he will know how to fix the problems.


and the mechanics lien?

The law unfortunately allows any contractor who has not been paid for services performed to place a lien on the property to ensure payment. The only way for the homeowner to avoid that is to pay the contract price, then sue for a refund (assuming that he's tried to fix it and has been unable to do so to your satisfaction). If he places a lien, then the homeowner can sue for a declaration that the money is not owed and the lien should be removed.
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