Contractor Job Not Up to Standard

Contractor Job Not Up to Standard

GeneRoberts@volcanomail.com	2/3/2005 10:29:20 PM
I signed a contract for improvmenents to a building I own with a local contractor. The improvements were principally flooring, tile work and some finish carpentry. I paid him in installments with a 1/3 at the contract signing and 1/3 at the midway point. When he finished the job he asked me for the final 1/3 payment. However, I was not satifisfied with large parts of the quality of this job and told him I was not going to render final payment until he fixed it to the standard I wanted. He came by one day and made some minor modifications but I still didn't think it was acceptable. I told him again that I will not pay him because I am not happy with the quality of the job and he has threatened to file a lien against me. Yesterday he came by with a mechanic's lien form which he presented to me (although it did not look as if it was filled out properly). My question is what is my remedy for this situation? Can I sue him for the lack of quality or go after his insurance for this? Also will this lien allow to foreclose on my property? Can I get the lien removed or will it just sit against my property until I sell it?



"Jim Ranieri" , >	2/8/2005 9:28:18 PM
<GeneRoberts@volcanomail.com> wrote in message news:o0h5015vo111kkk9q86dr0a8ekcao3s6ju@4ax.com... <unhappy with contractor's work and witholding final 1/3 payment> My question is what is my remedy for this situation? Can I sue him for the lack of quality or go after his insurance for this? Also will this lien allow to foreclose on my property? Can I get the lien removed or will it just sit against my property until I sell it? I am a former contractor, not a lawyer so take my advice for what it's worth. In IL, he can file a mechanic's lien on your property which will expire after a time period unless he sues to enforce the lien. You can certainly sue him for substandard quality, but first you should detail specifically what is unacceptable and allow him reasonable time to take care of it. I imagine he would file suit against you as well in this scenario for the unpaid balance. His insurance company does not enter into this unless he damaged something on your property.

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