received notification of a lien on Saturday. The claimant, SBT Construction provided me an estimate back in May that was converted to a contract
(enclosed) for a deck and pergola. The contractor told me he would complete the job in one week however, however the majority of the work was not completed until July 25th and the job is still not complete. I wrote the contractor a certified letter (attached) on 8/8/16 outlining the issues that remained. I have not heard from him since. I am waiting to hear back from a new contractor on the cost to make the repairs to the deck. The total contract was for $25,000 of which I paid $14024 directly to the material supplier (at the contractor’s request and deviation from the contract)
My plan, prior to having the lien filed was to subtract the amount paid to make the deck safe and correct as well as the $700 I paid to the lighting contractor to complete the work that the contractor’s foreman said they could not do from the final amount due, which according to the estimate/contract and invoices would be $10,275. The lien filed was for $13,482.95 which has never been discussed or invoiced and does not include attorney’s fees or interest.
Do I have to pay him? I have been deceived both verbally and in writing by this contractor numerous times an even his foreman told me “He lies all the time to customers.” Much of the work performed is terrible and will have to be repaired.
Does it matter that he failed to pull a permit?
Is there any recourse beyond non-payment? I am not only angry and frustrated, but really want to stop him from doing this to other customers.
If we prevail in litigation
, will your expenses be part of our judgment?
What is your estimate of the cost to litigate this case?
Any other suggestions or advise would be appreciated.