Property Lien w/o contract

I hired a "family friend" to make some carpentry repairs to my house. He analyzed the project and returned a verbal quote via phone, at which time I stated the price was unacceptable and noted my budget for performing XYZ repairs based on the outlined activities that he "thought" would be required. Once he removed the superficial coverings, he realized that the job was much easier and would not require jacking, shoring, and other extensive labor that was included in his estimate of 7-8 days work. He finished the job in 24hrs (3 working days). After two weeks of waiting for an invoice, I called and requested he fax the invoice so I could pay him. the invoice he faxed was in the amount of my budget, absent of an itemized Bill of Materials and Labor - just a figure written on the letterhead. All of our discussions were verbal, no written contract. I issued a check for an amount that was more than "average/fair wages" for my locale. Yesterday I received a notice from his lawyer indicating that a lien is being placed on my house/property per O.C.G.A. 44-14-361. According to the Georgia Code cited, he must provide a contract as evidence to file a lien. Since he did not have this, how is the lien being legally filed? How do I appeal/absolve it?

Request an itemized list from him, a copy of the contract, and get your own lawyer. Does your state recognize verbal contracts?

calalily said:

Request an itemized list from him, a copy of the contract, and get your own lawyer. Does your state recognize verbal contracts?

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Unfortunately I asked for am itemized invoice when he sent me the price written on his letterhead. I will formulate a brief letter again requesting these items be provided to me and send it via Certified Mail to the attorney. Perhaps this will create a deer in the headlights result when she observes his lack of verbal or written contract, resulting in an illegal lien filing that will be voided. I am still astonished that anyone can file a lien on someone's property without just cause and create a lot of headache for them. I cannot afford to pay an attorney to defend an accusation that is unjustified, without merit, and absent of any proof or truth.

The "Three Elements of a Verbal Contract" noted in the following link are completely absent from this instance, so it should not matter whether GA deems verbal contracts 'legal and binding'. Thank you for the helpful suggestions.

(Anyone)Please offer any other words of wisdom you may possess regarding this subject and thank you for your time.

Is your "family friend" a licensed contractor in your state? In many jurisdictions a person must be licensed in order to get a judgment against a homeowner.

I would contact the registrar of contractors. There are generally accepted costs / guidelines for repairs. If it appears that your contractor is trying to take advantage you may be able to take your case to an arbitrator.

haw110 said:

Is your "family friend" a licensed contractor in your state? In many jurisdictions a person must be licensed in order to get a judgment against a homeowner.

I would contact the registrar of contractors. There are generally accepted costs / guidelines for repairs. If it appears that your contractor is trying to take advantage you may be able to take your case to an arbitrator.

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GA is presently in the process of requiring contractors to be licensed, but currently that is not a requirement. The problem I have with all of this is that he never had a written or verbal contract for payment of services and materials. I fail to understand how the law can allow someone to file a lien on another person's property without burden of proof.

I am awaiting a response from his attorney - proof of contract and a Bill of Labor and Materials that was never presented. It's always fun to prove your innocence while trying to live a somewhat normal life.