CCL
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Post by CCL on Oct 28, 2015 14:42:18 GMT -5
At the beginning of May. archie, do you know if he has to give a pre-lien notice in Massachusetts? I don't think there is a pre lien notice. They just have to file the lien within the timeframe. Make sure you have strong documentation that the beginning of May was their last day worked. Once you prove that, they can't file a lien, they have no further recourse against you and you can tell them to go take a flying F-. I agree with you on the lien part. If it's past the date, they can't file, but can they still sue for the money they seem to think they are owed?
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Oct 28, 2015 14:42:26 GMT -5
As long as an accountant for the contractor (was that YOU, ArchietheDragon, LOL,) coming out and taking 250 pictures of the issues doesn't count as work, then I am good. And, in fact, he came out at the beginning of August -- 90 days after the last time someone worked on the house. And, we have numerous emails back and forth since May asking them to finish the job and their replies to the emails asking to get paid in full BEFORE they would finish the work (yeah, right).
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Oct 28, 2015 14:44:51 GMT -5
Anyone can file a lawsuit against anyone for any reason. Whether it will proceed to trial is subject to a whole bunch of criteria. Given my experience so far, I could see them doing it just to be pricks. They likely won't win, but I will still have to hire an attorney to defend myself.
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CCL
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Post by CCL on Oct 28, 2015 14:46:21 GMT -5
Yes, that's what I was thinking and I imagine a lot of people don't have the money/time/energy to defend themselves, so they give in and pay up.
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ArchietheDragon
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Post by ArchietheDragon on Oct 28, 2015 14:48:04 GMT -5
As long as an accountant for the contractor (was that YOU, ArchietheDragon, LOL,) coming out and taking 250 pictures of the issues doesn't count as work, then I am good. And, in fact, he came out at the beginning of August -- 90 days after the last time someone worked on the house. And, we have numerous emails back and forth since May asking them to finish the job and their replies to the emails asking to get paid in full BEFORE they would finish the work (yeah, right). They may try to argue that that counts.. Be ready to argue that it doesn't.
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CCL
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Post by CCL on Oct 28, 2015 14:48:24 GMT -5
Sorry you are going through this. Wasn't this an insurance claim from a storm or something? I don't remember the details. Maybe your insurance company could be of some help?
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ArchietheDragon
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Post by ArchietheDragon on Oct 28, 2015 14:50:28 GMT -5
I don't think there is a pre lien notice. They just have to file the lien within the timeframe. Make sure you have strong documentation that the beginning of May was their last day worked. Once you prove that, they can't file a lien, they have no further recourse against you and you can tell them to go take a flying F-. I agree with you on the lien part. If it's past the date, they can't file, but can they still sue for the money they seem to think they are owed? without the ability to file a lien, they aren't getting shit. Contrary to popular belief, contractors don't like spending $20k on lawyer fees to go through a full blown trail to try and collect $10k.
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Wisconsin Beth
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Post by Wisconsin Beth on Oct 28, 2015 14:54:07 GMT -5
At the beginning of May. archie, do you know if he has to give a pre-lien notice in Massachusetts? I don't think there is a pre lien notice. They just have to file the lien within the timeframe. Make sure you have strong documentation that the beginning of May was their last day worked. Once you prove that, they can't file a lien, they have no further recourse against you and you can tell them to go take a flying F-. And then hang on to that documentation because you're probably going to be using it again, as they or the subs try to put a lien on it again.
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Oct 28, 2015 14:56:34 GMT -5
I'm guessing now that the accountant came out in August to see if they had any chance to file a legitimate lien and whether they would win in court. I'm also guessing that when we didn't simply and stupidly fork over the balance, they just decided to walk away. We may pursue them because to finish the job -- and to finish it competently -- will take a lot more than the $$,$$$ that we have left. Tradespeople rates are high around here.
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Oct 28, 2015 14:58:33 GMT -5
And given how poorly some of the work is that was done, clearly the contractor used "inexpensive" subs, so he has definitely made his profit on this job already.
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Bonny
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Post by Bonny on Oct 28, 2015 15:55:42 GMT -5
I'm guessing now that the accountant came out in August to see if they had any chance to file a legitimate lien and whether they would win in court. I'm also guessing that when we didn't simply and stupidly fork over the balance, they just decided to walk away. We may pursue them because to finish the job -- and to finish it competently -- will take a lot more than the $$,$$$ that we have left. Tradespeople rates are high around here. What's the estimate of the work that needs to be done vs the holdback?
One problem you are likely to run into is that no one is going to want to guarantee work that they didn't complete; so for example if someone poured a walkway but didn't get around to grouting it no one will guarantee the quality of the walkway. We were very concerned about a similar issue when our landscape contractor and her employee got into a screaming match and he walked off the job. And of course the contractor kept making demands for more and more money. No way was I going to give her more money until she completed milestones and I wouldn't get stuck having to pay someone to rip out her work.
You should start gathering bids to have the work completed by others. Not sure how it works in MA but in CA this would be a breach of contract issue. You can't force somebody to do the work so therefore you make a demand to perform within a certain period of time and if they don't comply to have to pay to have the work done and then sue them to collect the money. In CA small claims is up to $10k.
Also you should check into what we would call an implied warranty. Here CA contractors must guaranty their work for four years.
So sorry this has happened. What a PITA.
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Bonny
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Post by Bonny on Oct 28, 2015 15:58:00 GMT -5
And given how poorly some of the work is that was done, clearly the contractor used "inexpensive" subs, so he has definitely made his profit on this job already. Not sure how it works in MA but in CA subs that aren't paid by the general can file mechanics liens individually. You typically would ask for a release of lien for each sub when their work is completed.
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Virgil Showlion
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Post by Virgil Showlion on Oct 28, 2015 16:37:31 GMT -5
I can't imagine they would go this far and not file a lien. Although the contractor does have to file within a specific time frame. When did the contractor last performed work on the house? This lays out the time frame they have to file a lien. To me it looks like they are trying to establish the notice of termination date so they have 90 days from that date to file a lien. But the statute states "the earliest of"... so if they have not performed work labor or provided material in the last 90 days they may have already missed their opportunity. Make sure you document their last day of work. This could be big for blocking their ability to file a lien. IV. Perfection of Mechanic’s Liens A lien under M.G.L. c. 254 Sections 2 and 4 is dissolved unless the person claiming the lien shall record a statement signed under the penalties of perjury giving an account of the amounts due to them. The notice of contract must be recorded not later than the earliest of: – 60 days after filing or recording a notice of completion; – 90 days after filing or recording of a notice of termination; – 90 days after the contractor, subcontractor, or supplier last performed labor or provided materials. How do you know all this? Sorry. It just seems like a really odd thing for somebody to know off the top of their head.
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Oct 28, 2015 16:42:17 GMT -5
Archie is "in the biz".
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Virgil Showlion
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Post by Virgil Showlion on Oct 28, 2015 17:08:36 GMT -5
Ah. OK. All I know about him is that he's an accountant, a CFO, and that he hates Philadelphia. Hence my knowledge of all things Archie has just gone up 33%. Sorry about your lousy contractor, and especially so for the stolen items. Hopefully Archie is right and they won't dare put a lien on your house or their opportunity to do so has expired. Like other posters, I'd suggest that if you're going to report the thefts, you do so ASAP. Whether or not reporting the thefts is a good idea, I don't know. On one hand, it seems like a responsible thing to do. On the other, I can't really see what it would accomplish, and there is a small risk of provoking these rotters to escalate, as you've suggested.
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Wisconsin Beth
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Post by Wisconsin Beth on Oct 29, 2015 6:45:05 GMT -5
You forgot that Archie has 3 kids.
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wvugurl26
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Post by wvugurl26 on Oct 29, 2015 7:18:36 GMT -5
You forgot that Archie has 3 kids. And that the boy is adorable!
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8 Bit WWBG
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Post by 8 Bit WWBG on Oct 31, 2015 16:58:37 GMT -5
I'm sorry you are going through this!
It also proves how important it is to have some resources saved away. You are darn right that most people don't have the cash to sustain a legal battle, and will instead just give in to avoid it. When you have the resources to defend yourself, and even attack back, life is very different.
Renting keeps sounding better and better...
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Malarky
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Post by Malarky on Oct 31, 2015 17:25:13 GMT -5
Definitely file a police report. The more paperwork in your favor floating around the better.
I know your loss is from 2014 Independence Day storm, but the overwhelming workload due to last winters' damage has a lot of contractors promising way more than they can deliver.
Hearsay only, but I know a bunch of people who are unhappy with incomplete projects and shoddy workmanship from contractors who failed to deliver.
More documentation can't hurt.
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