Contractor threatening Mechanics Lien... asap!

6 years ago

So I had an electrician do some work for me and we had agreed upon a rate of $65 dollars and hour, No contracts were signed, Nothing in writing. I only have text messages to prove that.

He no showed me multiple times, then when he finally showed up the job took longer than quoted, accidentally put a hole in my wall, did zero cleanup, and didnt finish the job in 6 hours when i was quoted "4 or 5 max, but closer to 4"

Then when it came time to pay he requested his $65 an hour and $45 an hour for his helper... this was never agreed upon. He also provides zero detail on cost of supplies. He wants $845 for a job i anticipated would cost about $475... again no bill was provided. now he says he will file a lien if i dont send a check by end of day for the rest of the amount.

I know its a small amount but any advice would help... My question is, if he files the lien, is it going to cost me more in fees to get it removed that it would just to pay him? he has no proof that we agreed upon any numbers, like i said only text messages.

Lesson learned, but any help would be appreciated!

Featured Answer

PRO

Joseph Corlett, LLC

6 years ago

Send the guy a check for $600.00. No way he's going to file a lien to try to collect $245.00.

Before you do that however, check your local laws. If this were in Florida and he isn't licensed, you owe him nothing and he has no lien rights whatsoever. His contract with you is unenforceable, but your contract with him is. So if his work needs correcting, you can sue him.

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Comments (9)

PRO
User
6 years ago
Yes, it would likely cost you more to dispute that than to pay it. But, I just have to say that $65 an hour is pretty darn low for a licensed electrician. Most contractors also quote by the job, not by the hour. Where did you find this guy? Did he actually show you a copy of his license? From what you are saying here, I get a hinky feeling about the work that he did. Are you knowledgeable enough to check behind him and be sure that he did it right? Or, was this inspected by your codes inspector?
PRO
Cancork Floor Inc.
6 years ago
I'm with Linda on this one. Red Seal Certified Electricians (in my area) can end up around $180 per hour. A Journeyman (working under the Red Seal professional) bill out at $100 per hour (the Red Seal will clearly state if a Journeyman will work the job). The $65 per hour is a red flag in my area....but my area ranks as some of the most expensive in N. America. NY City would rank a little higher than mine.

If you worry about leins, go ahead and contact your local licensing agency. See if this guy has a license to work in the trade. And the code inspector might be able to offer some off-the-record advice is you have a chance to be there when s/he does the inspection.
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geoffrey_b
6 years ago
No contract, nothing in writing - hope you learned.
0
gardengal48 (PNW Z8/9)
6 years ago
It also depends on where you live. Some states require a written contract in place before a lien can be filed.......others are much more lax with their requirements and just a verbal agreement will suffice. Check on these maps.

While not having a contract or anything in writing is not a great practice, it is common enough in the industry that most states do not require a written contract in place before filing a lien.

I too would worry about the quality of the work involved. Pretty much anything involving the electrical system (other than replacing a fixture or similar minor repair) requires a permit and permits typically require inspections. Was this done? If not, this may be your recourse
0
freeoscar
6 years ago
I've never had a written contract for jobs that are less than a day - even things that are longer. A lawyer could correct me on this, but I would think that in 2017 a conversation on text outlining the 'handshake' deal would be reasonable evidence. The job taking 6 hours vs. the 4 or 5 expected isn't a big deal or worth fighting over, but not having a bill of materials is a big issue. As to having the assistant and the overall rate - I mean $65 for 2 guys sounds awfully cheap for a licensed electrician.
PRO
Cancork Floor Inc.
6 years ago
I was thinking the same as Joseph - send him what had been agreed upon (after checking local laws). I would then offer the "remainder of payment upon repair of damage to home and materials receipts" and send a photo of the damage to the walls. See what happens.
geoffrey_b
6 years ago
If you write him a check - for whatever - put in the memo line: Paid In Full
toxcrusadr
6 years ago
last modified: 6 years ago
freeoscar wrote:

>As to having the assistant and the overall rate - I mean $65 for 2 guys sounds awfully cheap for a licensed electrician.

OP said $45/hr for the assistant in ADDITION to the $65 originally quoted.

If he's not a licensed electrician, or if the job needed a permit he didn't get, you have some serious leverage.
0

Contractor threatening Mechanics Lien... asap!

Joseph Corlett, LLC

Comments (9)

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Cancork Floor Inc.

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