Homebuilding client: Our contractor unfairly liened us!
This client believes she is the victim of a fraudulent or frivolous lien by a contractor. Ultimately, however, builders will only be able to successfully enforce liens when they can prove they have a legitimate claim. How can this problem be solved without both sides paying enormous legal fees?
September 28, 2018 by canadiancontractor
Contractors, do you have any comments about this? Please post them down below.
We are stuck with a horrible lying contractor we hired to build our house. They took a $49,000 deposit July 7, 2017 but did not apply for permits until 5 months later – we did not get permits until February 2018. It is now the end of September and we have been bullied by and stressed out so bad by these guys. They do not care about the plans or the contract; they bill us for whatever they feel like, then stop working. We are not even at lock up 14 months after they took our deposit. I informed them that the contract expires Oct. 5. They abandoned the build on Sept. 10, did not finish to lock up, but wanted the lock up amount of $43,000 – then put a $102,000 lien on our house with no explanation.
Our lawyer, after only a few appointments, just sent us a $5,700 bill. He is a good lawyer and that is the rate – but it was still a shock. He knows we are getting screwed but contractors also know it is so expensive to fight them so they take advantage and do what they want. They threw a high lien on our place mainly to bully us, as they have been doing all along. So, in short, we are screwed if we can’t afford the lawyer. We are giving the lawyer every penny to fight them, because it is so wrong, but we are running out of money and still do not have a house. And we are paying high interest costs for the construction loan. Is there no help out there, other then the high priced courts, to stop these crooks? They prey on people like us and try to take everything we have worked so hard for.
No one will not sit down and talk or negotiate anything with us. They hired other contractors to build our house: the company owner I met three times and the project manager I met three times. But the project manager was never on our site. I know because I was there, staying in my trailer.
How do we get this unfair lien off our house without it costing us $50,000?