Lien On Home By Contractor Need Help!
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Thread: Lien On Home By Contractor Need Help!

  1. #1
    Registered User Array Chumly's Avatar
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    Lien On Home By Contractor Need Help!

    Hi BCSB legal minds!

    A general contractor that was doing work on my house did not do a proper job and I fired him by informing him he breached the Contract due to very poor workmanship, not adhering to schedule, going over time allotted, generally causing lots of trouble, etc.

    I recently heard that one of the subtrades he hired put a lien on my house and also that the general contractor himself put a lien on my house. I am not sure what the lien amounts are.

    I have not confirmed this yet but I think the monies owed to the subcontractor have already paid out by me to the general contractor. What should I do about the subcontractor’s lien?

    What should I do about the general contractor’s lien given that he was fired for non compliance with the contract?

    Much thanks,

    Dan

    PS: does anyone know of a forum sort'a like BCSB but centered on legal matters that would apply to regular people?
    Last edited by Chumly; 08-17-2005 at 12:38 AM.

  2. #2
    doug
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    dude, seriously. this isn't the place for legal advice on your house. you wanna lose it because of some advice a halfwit here gave you? call a lawyer.

  3. #3
    rain? whats that! Array REVELATIONS's Avatar
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    http://www.bbbvan.org/ they deal with this S^%# everyday..... its a good place to start, they would know some good lawyers.


  4. #4
    Registered User Array Chumly's Avatar
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    Quote Originally Posted by doug
    dude, seriously. this isn't the place for legal advice on your house. you wanna lose it because of some advice a halfwit here gave you? call a lawyer.
    You make a good point, but I doubt I could lose my house by entering into a discussion about liens. I believe I can tell if another has the wits to answer with clarity and on point. I would confirm prior to action, and I have been in contact with several solicitors on the subject with mixed results.
    Last edited by Chumly; 08-17-2005 at 01:36 AM.

  5. #5
    Registered User Array Chumly's Avatar
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    Quote Originally Posted by REVELATIONS
    http://www.bbbvan.org/ they deal with this S^%# everyday..... its a good place to start, they would know some good lawyers.
    I'll call, we'll see, thanks!

  6. #6
    Registered User Array Tile19's Avatar
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    I am a contractor(not a lawyer) and the best advice I could give you would be to get an independant inspection of the work done at your house. There are many bonded companys here in B.C. who would provide this service for a fee. There are so many fly-by night contractors and the courts often find in favour of the consumer, especially if there was a contract agreed upon and signed. The sub-trade who applied a lien is dreaming. The only way he would be valid in his claim is if he had an independant contract with you,otherwise his beef is or should be with the general contractor as the employing party.... I would absolutely consult a lawyer and arrange a court conference in provincial court ASAP....Best of luck!
    Quote Originally Posted by Chumly
    Hi BCSB legal minds!

    A general contractor that was doing work on my house did not do a proper job and I fired him by informing him he breached the Contract due to very poor workmanship, not adhering to schedule, going over time allotted, generally causing lots of trouble, etc.

    I recently heard that one of the subtrades he hired put a lien on my house and also that the general contractor himself put a lien on my house. I am not sure what the lien amounts are.

    I have not confirmed this yet but I think the monies owed to the subcontractor have already paid out by me to the general contractor. What should I do about the subcontractor’s lien?

    What should I do about the general contractor’s lien given that he was fired for non compliance with the contract?

    Much thanks,

    Dan

    PS: does anyone know of a forum sort'a like BCSB but centered on legal matters that would apply to regular people?

  7. #7
    Hungwell Industries Array
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    I agree with Tile19 on this one, but I also agree with Doug on talking to a Lawyer ASAP. You had a signed contract, which you believe to have been violated, and as such you took what you believe to be the appropreate action. Now, as Tile19 suggests, you need to get an independent, _qualified_, body to confirm that indeed the contract has been violated by performing a visual inspection of your house. I'm not a Law Student yet, but I would imagine if you get in gear on this, you'll have no problems what so ever. In most cases, if the work has been rather shody, the courts go in the favour of the home owners. They have more at stake anyways (typically).

    CST.

  8. #8
    Registered User Array Chumly's Avatar
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    Quote Originally Posted by Texas
    I agree with Tile19 on this one, but I also agree with Doug on talking to a Lawyer ASAP. You had a signed contract, which you believe to have been violated, and as such you took what you believe to be the appropreate action. Now, as Tile19 suggests, you need to get an independent, _qualified_, body to confirm that indeed the contract has been violated by performing a visual inspection of your house. I'm not a Law Student yet, but I would imagine if you get in gear on this, you'll have no problems what so ever. In most cases, if the work has been rather shody, the courts go in the favour of the home owners. They have more at stake anyways (typically).CST.
    I have already had an "independent qualified body" do an inspection. As to whether there has been a sufficient contractual violation a court would need to rule albeit I am quite sure of this or I would not have fired them.

    I have the deficiency list and photos and the whole bit from the "independent qualified body" including their written view that the general contractor breached the Contract.

    I am most interested in the actual procedures, the meat and potatoes, the day to day of the process itself.
    Last edited by Chumly; 08-17-2005 at 07:47 AM.

  9. #9
    hoochie
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    have a copy of the original agreement, pictures of the
    sloppy or unprofessional work", a list of what you expected to have done & for what price. A list of what was actually done, along with a time line of when it was supposed to be done, and when it was actually done ( if at all). A list of any monies paid out to the contractor ( dates and amounts).
    The subtrade should probably be going after the contractor, not you. You hired the contracor.. not the sub trade. It would also help if you did a search on both the contractor and the sub contractor to see if they have had other complaint against them, and the results of those complaints ( a history of them may help support you). If at all possable contact someone else who has had bad dealings with these people, and get their stories as well.
    get a lawyer, and have lots of documents to help support your case. Go to court with it.
    good luck.
    Last edited by hoochie; 08-17-2005 at 07:56 AM.

  10. #10
    I'm back Array Quasi's Avatar
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    I can pretty much guarantee the reason the subcontractor leaned your house is because the GC has not paid him and leaning your home is his only recourse. The point of leaning it is tieing up the General Contractors draws until he gets paid. If the subtrade didn't lean the home and the GC got paid and decided not to pay him he's totally hooped, the lean is more to prevent the GC from collecting money.. He also has a limited time to file a lean on your home, I believe it's 60 or 90 days after he last worked on the project. The GC has leaned your home because he hasn't been paid, obviously if the work was garbage your going to go to court before paying him.

    I'm going to make the same suggestion as above and thats get a lawyer. I'd recommend tieing it up in court as long as possible, being on the otherside of the dispute before theres nothing more frustrating. If the subtrades work was up to par I gotta feel sorry for him as he's stuck in the middle. I mentioned it in your other thread as a subtrade we've been screwed out of 200 grand because the GC got tossed off the job and our contract was with the GC. Even though we finished our contract it took us almost 3 years to get less then 50 cents on the dollar in an out of court settlement.
    Last edited by Quasi; 08-17-2005 at 08:54 AM.

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  11. #11
    Still defying gravity... Array Thumper 8's Avatar
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    Quote Originally Posted by Quasi
    I can pretty much guarantee the reason the subcontractor leaned your house is because the GC has not paid him and leaning your home is his only recourse. The point of leaning it is tieing up the General Contractors draws until he gets paid. If the subtrade didn't lean the home and the GC got paid and decided not to pay him he's totally hooped, the lean is more to prevent the GC from collecting money.. He also has a limited time to file a lean on your home, I believe it's 60 or 90 days after he last worked on the project. The GC has leaned your home because he hasn't been paid, obviously if the work was garbage your going to go to court before paying him.

    I'm going to make the same suggestion as above and thats get a lawyer. I'd recommend tieing it up in court as long as possible, being on the otherside of the dispute before theres nothing more frustrating. If the subtrades work was up to par I gotta feel sorry for him as he's stuck in the middle. I mentioned it in your other thread as a subtrade we've been screwed out of 200 grand because the GC got tossed off the job and our contract was with the GC. Even though we finished our contract it took us almost 3 years to get less then 50 cents on the dollar in an out of court settlement.

    Consult a lawyer - the lien can stay there for a while. Get all your paperwork in order (original contracts, agreements etc - generally if it is not in writing, it is not enforceable). The lien does mean you cannot sell your home and transfer title until the lien holder is satisfied - or goes away.

    Free advice is worth what you pay for it - a good notary could also give you some advice, but I'd go the lawyer route.
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  12. #12
    Moderator Array Shovelhead's Avatar
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    If you have Citadel as your house insurance carrier,
    They include a legal help line.

    Good luck

  13. #13
    rideme
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    or let the claimant file his court action. if they do not do so within a year you can apply to remove the lien. make sure you have all in order and if they file pay for legal services then.
    http://www.builderslienlaw.ca/page2.html

  14. #14
    rideme
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    wups, should add, it's easy to put a lien on, takes 20 mins and costs $5, but not many contractors would follow through.

  15. #15
    dazed
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    payt he contractor evry dime bud trust me on this take the loss pay him they got more rights then u its fucked! take pics and have receopts of money payed then take him to small claims court its like 100 bucks to file !

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