Contractor Lien

[BasilHayden]

What is the name of your state (only U.S. law)? New Jersey

Hi,

I hired a contractor to trim a backyard tree for which I was given a written estimate. It turns out he made a mistake and took down the whole tree. On top of his mistake he wants to be paid for the full removal or he will file a lien against the property. I paid him for the quoted price and although the estimate was written, the contract was a verbal agreement.

Any advice is welcome....should I just contact an attorney?

Thanks in advance

 

[BadLuck08]

He can not place a lien against your property until he has sued you and has a judgement against you.

 

[HuAi]

He can not place a lien against your property until he has sued you and has a judgement against you.

Guess again. All the contractor needs to do is file papers with the county clerk. Read this artcile for details in NJ

http://www.njlawblog.com/2007/04/ar...hts/construction-liens-the-nub-of-the-matter/

 

[BasilHayden]

thanks to both of you for your replies. It looks like a lien can't be submitted without a written contract, right?

 

[BadLuck08]

That was interesting to read. The point I was trying to get across was that the contractor can not simply threaten the home owner with a lien and then go file a lien without going through some type of process entitling him to the lien, be it small claims court or arbitration or what ever. Someone, somewhere must say the contractor is entitled to something. I believe it is called due process.

If work is done under a residential construction contract, the lien claimant must do more to insure that the lien is properly filed and perfected. These steps include: filing a NUB; serving a Demand for Arbitration under the American Arbitration Association program created for residential construction lien claims, and then, if successful in the Arbitration, filing the lien claim with the Clerk in the county in which the property is located. All of these steps must be completed within 90 days from the date of the last work, services, material or equipment provided.

 

[jjoshua]

What about the tree?

So your contractor trimmed the tree a bit too much? What did he say when you asked him to replace the tree?

You paid him anyway for doing something that you didn't ask him to do?

 

[BasilHayden]

yeah, I paid him for the price quoted for the trimming because I don't think he would have carted all of mess away. He can't accept the fact that he made a mistake, so he figures he wants us to pay. He keeps saying "you got a bargin on a tree removal". I don't even care about getting rid of the roots and replacing the tree now...I just want to avoid a messy case where he puts a lien on the property. I figure no contract, no lien? Can anyone confirm?

Thanks again

 

[BadLuck08]

What is the difference in the amount you paid him and the amount he says you owe him?

 

[BasilHayden]

He quoted $575 for the trimming. After he cut down the whole tree by mistake he's asking for an additional $475. Again, no contract....just a quote he scrawled on a piece of notebook paper for $575. Is it just me, or does this all sound crazy to anyone else?

 

[BadLuck08]

I wouldn't worry about it to much. Let him do what he wants. If he does the arbitration process and tries to get a lien, then just go tell your side of the case. Heck, consider filing a counter claim against him for the destruction of the tree. At the most you would have to pay the $475.00 plus some abritration cost if you lose. It is not like you can lose your house or anything.