mechanic lein
I need some work done on my siding, I called american siding and an estimator came out and looked at my house and gave me an est. I told him I was also getting a new roof he said his company did roofs as-well and gave me a bid. When looking at the bids I…
I need some work done on my siding, I called american siding and an estimator came out and looked at my house and gave me an est. I told him I was also getting a new roof he said his company did roofs as-well and gave me a bid. When looking at the bids I noticed for the roof it said JC roofing I questioned him on that and he said american siding had decided to make them two separate entities. He asked for 55% for materials to start and the balance due upon completion. He said to make the check to him personally because the company would reimburse him, Garth Strader Spokane WA. He measured the roof wrong and also needed to purchase new vents because I noticed no new vents and we already discussed all new vents. It was another 600.00. I wrote him the check not wanting to but the owner of the roofing company told me to cancel it. I paid the roofing company the balance due and Garth was not happy. He is not part of JC roofing and JC roofing is not part of American Siding. Garth said he is going to put a mechanic lien on my house for the 600.00. JC roofing said he was fraudulent in what he did and the materials he did buy he bought under JC Roofing account and didn’t pay the taxes. Can Garth legally put a lien on my house? My house is free and clear also if that matters. I am a single women first time homeowner. Any feedback would be appreciated, I agreed to meet with Garth later in the week and want to be informed when speaking with him. Thanks to any response.
I so appreciate each of you taking the time to respond to my posting. I feel much more confident where I stand. One thing I didn’t convey well enough is that J.C. Roofing will stand behind and Garth does have a General License I believe the thing about Garth is he represented hisself as being part of J.C. Roofing but is not part of the company he gave them the work and was trying to make a easy buck by taking a big cut because he wasn’t expecting me to make the balance due to J.C. but to him like I did with the pre start check for materials. Once again thankyou and if more people would take a minute out of thier day to help others like you guys the world would be a better place!!!!!!!♡Felicia
I so appreciate each of you taking the time to respond to my posting. I feel much more confident where I stand. One thing I didn’t convey well enough is that J.C. Roofing will stand behind and Garth does have a General License I believe the thing about Garth is he represented hisself as being part of J.C. Roofing but is not part of the company he gave them the work and was trying to make a easy buck by taking a big cut because he wasn’t expecting me to make the balance due to J.C. but to him like I did with the pre start check for materials. Once again thankyou and if more people would take a minute out of thier day to help others like you guys the world would be a better place!!!!!!!♡Felicia
Sounds like you aren’t in New York State?
Laws vary widely in different states, but it does seem like you have a decent leg to stand on, even without a lawyer.
I’d go into this playing a little bit dumb. Your position should be that you need to understand everything and you may have been confused and so to prevent further confusion you need to get everything in writing so that you can figure out who you owe money to and why.
Don’t let him bully you into paying anything out. Don’t even bring your checkbook to the meeting.
Do bring both bids, any contracts you signed with him, and at least a log of what checks you wrote and to whom.
Mostly though, keep your cool. No reasonable person signs papers under duress or writes checks under duress and if you’re reaching a point where he’s insisting you just come back to that, say “I’m clearly confused and I’m going to read this over before I sign anything.”
If he gets you half convinced that he has some kind of standing, then go to JC Roofing and lay it out for them and ask for some clarification of who you owe what to.
Does he have a Home improvement license? If not he has no standing.
I love guys like this. If what you say is true and accurate, I volunteer to come with you to the meeting and make sure he understands he is an idiot in no uncertain terms. Thieves like this person absolutely outrage me.
My answer to this d-bag would basically be “go ahead, put a mechanics lien on my place, and while you’re at it you can feel free to kiss my ass. Oh, and by the way, I’m reporting every penny I paid you to the IRS and New York State and City. And when I sue your sorry ass and get a judgment against you I’m going to put a lien on your f$%ing tools. Now f$%k off.”
But that’s just me. I tend to react pretty strongly to threats the dishonest.
It’s just $600 for crying out loud. If you sell, this isn’t going to be hard to deal with.
I’m a little confused about all the perambulations but if the company owner asked you to make out the check to him personally it’s likely he’s doing so to avoid paying income tax. You might want to mention that if he puts a lien on your property you might have to check with the IRS to see about that check… all’s fair in love and war.
Watersfa I would suggest that you have JC Roofing help you out a bit here since they can clear it up. If you received the bid from a representative of JC Roofing, you have paid them for the work whether the check was made to them or to Garth on his insistence. They should be on your side and eager to clean this up if it’s fraud in their name.
In terms of the lien (there are other issues here but specifically you are asking for the lien information) you seem to be on okay ground here. You paid for the materials and labor, and the only basis for a lien is that materials and labor are provided to you and you don’t pay it.
Definitely educate yourself on the issue a bit and personally I would shy away from a lawyer right away (despite 1:33’s comment) until the lien actually takes place. There are good sources for lien information, just google search for “New York State Mechanic’s Lien” and you’ll come up with plenty of helpful sites, but one important fact is in your favor.
This is because it’s more of a threat than anything else. Plenty of people threaten liens because it sounds scary. BUT — if a contractor issues a lien on your property, and he or she cannot demonstrate that the amount requested is valid, then you have recourse against them 10 times the amount of the claim. In the above example, if you can demonstrate that a $600 claim is not valid, the party filing the lien can be held accountable for a $6000 fine.
Also, liens have to be renewed every year. In practical terms, if you’re not selling the house right away you might be able to ignore it. Few people have the anger/feeling of vindication to renew a lien every year, especially if they are on shaky ground to begin with.
Get a lawyer. I would not trust the opinions on a site like this. How would you know about the validity of comments that were given to you?