Lien on house

[kmac30 416]

Bought a house and have a contractor handling the remodel. We’re currently not living in the house (in our old house still). Cabinet guy goes off on his own and installs built-ins that look nothing like the picture my wife gave the contractor. Contractor says “Hey, those look nothing like the picture.” Cabinet guy tells him “I spoke to her, these are what she wants.” They weren’t. She wanted the picture.

 

Contractor and cabinet guy get in argument. Contractor pays cabinet guy for new material and they rebuild. Some other bullshit ensues and cabinet guy walks off job. Contractor tells him that if he leaves the job he’s not getting paid.

 

I have no knowledge of any of this, except the guy built wrong cabinets and had to redo them and that he quit. Last week my wife calls while I’m at work saying we got a certified letter in the mail. Guy is putting a lien on our house for unpaid work. Sends us the invoices. Invoices are billed to the construction company, not me. Builder says he has no grounds because his beef is with builder and not me. I haven’t written cabinet guy any checks and I have no contract with cabinet guy. Is the contractor right?

 

 

tldr; cabinet guy and contractor tiff, cabinet guy putting lien on my house, contractor says don’t worry. Should I?

[Gil Bang 26235]

if cabinet guy provided materials and/or labor to your home. it's ultimately you that owes him the money.  

 

your builder that says he has no grounds is either a liar or idiot

Edited April 30, 2019 by Gil Bang

[Liquor and Poker 3659]

Similar thing happened to my parents many years ago.  Wrong granite installed and finished with the wrong edge.  The guy was adamant he did exactly what he was told to do but it was pretty clear from the notes and docs that he had screwed up. Best guess was he mixed up two orders.

They expected their contractor to take care of it because he did all the hiring and communication with all the subs, including this guy.   But he just said “sorry, sometimes things like this happen” and moved on.  

It was a relatively small total so they decided to settle with the granite guy and get the lien lifted so they could move in and so forth.  

But they went after the contractor later and got made whole. 

[kmac30 416]

They couldn’t move in?

[Gil Bang 26235]

so,  here in CA, that lien is only valid for 90 days, unless the claimant files a lawsuit, which extends the lien until the suit is resolved

[Liquor and Poker 3659]

It’s hazy to me but here’s how I remember it.  Couldn’t get something done that was required for an occupancy permit because of the lien.  Not sure why.  

[Gil Bang 26235]

10 minutes ago, Liquor and Poker said:

It’s hazy to me but here’s how I remember it.  Couldn’t get something done that was required for an occupancy permit because of the lien.  Not sure why.  

I'm guessing title wouldn't let the deal close

[Liquor and Poker 3659]

52 minutes ago, Gil Bang said:

I'm guessing title wouldn't let the deal close

I will ask them

[TwiceHorn 32077]

54 minutes ago, Gil Bang said:

I'm guessing title wouldn't let the deal close

Lenders tend not to like them either.

To be valid in Texas, both you and your wife have to have signed an agreement with the GC for the improvement.  Without that, it's not valid and can be summarily removed.  In Texas, the contractor has four years to sue to foreclose.

[Gil Bang 26235]

4 minutes ago, TwiceHorn said:

Lenders tend not to like them either.

To be valid in Texas, both you and your wife have to have signed an agreement with the GC for the improvement.  Without that, it's not valid and can be summarily removed.  In Texas, the contractor has four years to sue to foreclose.

Is a bond required?  Out here, the claimant is required to send the lender and owner a "stop notice" with a bond

[Chewbacca 7829]

2 hours ago, Gil Bang said:

if cabinet guy provided materials and/or labor to your home. it's ultimately you that owes him the money.  

 

your builder that says he has no grounds is either a liar or idiot

Yep.  Lean on the builder to get the lien removed.  Hopefully OP has a contract with the builder that says he will deliver a lien free project.  Otherwise, it's off to court to get it taken care of.

[deadshank 24654]

Can't go directly to lien. Have to first send a demand letter.  If demand letter is not addressed then go to filing a lien stage.  

Several key calendar milestones must be observed.  If cabinet guy didn't get his timing and stages right he done screwed his own self.

Ultimately and if cabinet contractor is in the right regarding the question of the original install being correct and according to Hoyle and further correctly met all the filing gates then you are financially liable.     If the original install was wrong then your attorney needs to bludgeon the cabinet guy with that fact.