posted September 20, 2009 09:41 AM
I am re posting this as I might have put it in the wrong place.
I hired a non contractor to trim out a porch and install balusters. I drew up a contract listing all work to be done and the price given by MrXX. I had him sign it and also he signed for each payment. I listed amount paid and the balance due. Before the job was even 1/3 complete I had given him all the money except $500.00 (I know big mistake, never pay until done)He walked off job, he found it was over his head. He has now sent me a bill for $1000.00 and is threating a lien. A lien for work he did not complete and according to my signed document he would owe me money back. He did not have a contract at all only what I did for my own records. Can he do this? What if any thing does he have to present in order to file lien. Attorneys here in my area NC are $2000.00 just to walk in the door, I will not pay that to defend a fraudulent lien. Can any one file a lien with no proof or contract.
posted September 21, 2009 03:09 PM
Hello: I should start by saying that our law firm is not licensed to practice in North Carolina and that you may have to resort to hiring local counsel. That being said, we can offer some general guidelines. First, a good starting strategy is to forward a letter to the contractor through your representative citing the consequences of filing a frivolous lien. If that doesn't stop him from proceeding, then you need to evaluate the cost to negotiate vs. the expense to hire some local help. That is, it may come down to a business decision. Also, there may be a mechanism for you to inform the state Construction Board that this individual was operating without a license. In the end, you may need to consult with local counsel.
posted September 20, 2009 09:41 AM
