This
contractor also is not licensed and has no insurance.
Many states do not allow unlicensed contractors to legally enforce
collection.
He starts off with a crew of 4 children ( aged 8-18 ) I said nothing
in hopes of him finishing the job and leaving in a couple weeks.
On the other hand, you need to have clean hands. It sounds as if you
knowingly allowed the contractor to work with clearly illegal labor. This
may very well negate any claims you have against the contractor.
Anyway, I'm fairly certain that an 8 year old is not covered with
workmans comp. Luckily, there were no injuries.
Lucky for *you*, since this would almost certainly not have been covered
under your homeowner's policy.
One day later, the contractor tells me he needs an extra $1,000 from
me because he 'bid the siding cost incorrectly'.
That really shouldn't be your problem.
Two weeks later, I get a notice of intent to lein from his lawyer
(claiming breach of contract and that he was thrown off the job site).
This lein has not been filed yet.
Tell the attorney that the contractor is unlicensed and that if a lien is
filed, you will consider a suit against the contractor and his attorney for
slander of title.
A couple months later (last week), I get a notice of intent to lein
from the material provider (approx $5K). I requested the list of
materials I owe them for and recieved a list of only items that are
not yet paid for.
If the items were paid for, there's no reason for the material supplier to
include them on the list of items owed for. Even if there were additional
items left unpaid, if they aren't included on the list it won't negate the
rest of the claim.
I am amazed that the list contains things such as
Diet Coke's, Sawblades, Spray foam, cement as well as other things
that are definately not on the property.
That may very well be up to you to prove if you contest the lien.
Does an inaccurate list of materials affect or invalidate a material
lein?
No, since it can be corrected.
They gave the contractor credit, which accrued interest. Can they
pass the interest and late charges over to me?
It depends on state law, but it may very well.
The contractor was over paid when he left ($25k of $35k contract)...
Am I still liable to the material provider?
Almost certainly.
I think I have to pay for
the material and sue the contractor... But, I think the contractor
has little money.
That happens. Hopefully you have pictures of the underage employees to pass
on to the labor board and worker's comp folks.
Did you have a permit if one was necessary? You may well find out that, not
only do you have to pay for the materials, but that you'll have to tear down
what was build (and get a permit for *that*).
Think how much money you save by using an unlicensed contractor.
