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Old 12-11-2009, 07:46 AM
 
19,303 posts, read 15,039,760 times
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Quote:
Originally Posted by desertsun41 View Post
Maybe they are in a nuetral arbitration state and it never has to get to court. An arbitrator will ask the contractor to discount what he feels he is owed to meet in the middle some where. But even if it did go to court, the courts always side with the consumer, not the contractor. Of course the homeowner can also just abandan the home and let the bank have it. The contractor lien will be a very inferior lien leaving nothing left for him once the superior liens take theirs first. I know....it's spite work but people do it all the time.
That is why we need to know how much money we are talking about.
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Old 12-11-2009, 09:21 AM
 
13 posts, read 14,684 times
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Quote:
Originally Posted by Driller1 View Post
That is why we need to know how much money we are talking about.
I have paid / spent about $1400 so far. The balance is $800. He had added late fees and some other charges and is asking for about $1000
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Old 12-11-2009, 09:35 AM
 
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Quote:
Originally Posted by howstam View Post
I have paid / spent about $1400 so far. The balance is $800. He had added late fees and some other charges and is asking for about $1000
Pay the $800 only and move on.
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Old 12-11-2009, 10:28 AM
 
Location: Houston, Texas
10,428 posts, read 27,712,094 times
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Quote:
Originally Posted by Driller1 View Post
Pay the $800 only and move on.
What if he/she feels they did not get what the contract said they were going to get? Again Driller, we always always agree on things, probably because we both are true and honest professionals in our fields but I feel the OP did not get a professional and/or complete job.

No one can add additional fees, late charges, interest etc if the origional agreement did not specifically say they could. You can not just start charging people additional fees over and above the agreement.

I know....perhaps we do not have all the information so maybe are unqualified to toss our thoughts and opinions into this ring. I just hope it all works out for everyone.
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Old 12-11-2009, 11:05 AM
 
19,303 posts, read 15,039,760 times
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Quote:
Originally Posted by desertsun41 View Post
What if he/she feels they did not get what the contract said they were going to get? Again Driller, we always always agree on things, probably because we both are true and honest professionals in our fields but I feel the OP did not get a professional and/or complete job.

No one can add additional fees, late charges, interest etc if the origional agreement did not specifically say they could. You can not just start charging people additional fees over and above the agreement.

I know....perhaps we do not have all the information so maybe are unqualified to toss our thoughts and opinions into this ring. I just hope it all works out for everyone.
I am sure he is disappointed and even cheated. I am just looking at the cost effectiveness of a court battle on this.

That is why I said only the $800, not the late fees.
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Old 12-11-2009, 11:38 AM
 
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I know for a fact that I did not get what the contract said. I know for a fact that I was lied to again and again. I do realize that $800 may not be worth fighting for. I feel that I am entitled to get my money back because I am now getting the entire work done again.
I am a bit disappointed that even after proving that work done by the orginal contractor is faulty, I have to pay for the entire job (instead of getting my money back).
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Old 12-11-2009, 11:46 AM
 
19,303 posts, read 15,039,760 times
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Quote:
Originally Posted by howstam View Post
I know for a fact that I did not get what the contract said. I know for a fact that I was lied to again and again. I do realize that $800 may not be worth fighting for. I feel that I am entitled to get my money back because I am now getting the entire work done again.
I am a bit disappointed that even after proving that work done by the orginal contractor is faulty, I have to pay for the entire job (instead of getting my money back).
I feel bad for you!!! I do not like to see anyone cheated, and it sounds like you were. Still you have to look at what it would cost to try and get your money back. At best IF you won, it would be reduced by the court. They would still get time and labor.

Report them to anyone that will listen!!! They make us all look bad.
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Old 12-11-2009, 06:50 PM
 
Location: Houston, Texas
10,428 posts, read 27,712,094 times
Reputation: 9519
Quote:
Originally Posted by Driller1 View Post
I feel bad for you!!! I do not like to see anyone cheated, and it sounds like you were. Still you have to look at what it would cost to try and get your money back. At best IF you won, it would be reduced by the court. They would still get time and labor.

Report them to anyone that will listen!!! They make us all look bad.
On this subject, this is the only thing I so agree with you on...word for word.
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Old 12-11-2009, 08:51 PM
 
13 posts, read 14,684 times
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I had received several bids and showed the previous contractor's work done to the bidders. Everyone suggested that the work needs to be done again. I had a reputable builder come in and take a look at it - he referred me to an expert tiler. The gentleman came in and suggested the same thing. So I got an estimate from him and asked him to start working on it. He took it out and said that the pan was leaking from all the sides. He also said that a shower pan liner should have been used.

But the previous contractor yesterday went and placed a lien on my house and has mailed me a copy of the lien. Today I received that copy. How do I go about removing that lien?
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Old 12-12-2009, 12:56 AM
 
19,303 posts, read 15,039,760 times
Reputation: 7851
Quote:
Originally Posted by howstam View Post
I had received several bids and showed the previous contractor's work done to the bidders. Everyone suggested that the work needs to be done again. I had a reputable builder come in and take a look at it - he referred me to an expert tiler. The gentleman came in and suggested the same thing. So I got an estimate from him and asked him to start working on it. He took it out and said that the pan was leaking from all the sides. He also said that a shower pan liner should have been used.

But the previous contractor yesterday went and placed a lien on my house and has mailed me a copy of the lien. Today I received that copy. How do I go about removing that lien?
Pay him. All states are different. In my state he will have two years to file a lawsuit. He will get interest plus any fees at this time. I charge $200 a month for liens. (It only happen once). So, he will take his time to file.

Of course you could file first. Most retainers for this type of action are about $5,000, just to start.
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