Builder wants to file workman's lien...

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GeeksPie314

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Hello all -

My boss had a house built in 2008. She closed and moved in, in 2009. During the process of the building of her house, her builder was mostly cooperative in the most business-like way. There may have been a time or two that he was a bit "pushy", as she described it. October of 2009, my boss's builder was paid after they closed on their house and they moved in. They agreed to a one year warranty. Well, shortly after they moved in, they were having problems with their home. Simple things at first; like something wasn't level or something was broken during the building and not fixed. The builder seemed reluctant to get back to her or her spouse. In fact, he didn't return very many phone calls and rarely addressed the problems that they had left msgs for him about. There was this one time, their ceiling had cracked and she had contacted him and left a msg. He didn't respond. So her spouse called and he angrily told them not to bug him because he was busy - at church. When he finally did reply, it was in text msg to her spouse and he was not cordial.

To make a long story short, they have had many problems with the guy; not returning phone calls, being out-right rude and beligerent (he has called her at work a few times and we can here him being rude), promising to have things fixed and then he won't do it for weeks or still has yet to fix them. My boss and her spouse have been more than patient with this guy. With the builder's permission, they had agreed to speak with a company that handles wood flooring. Originally, the builder put in the wood panels incorrectly and this caused them to gape and what-not. They received the go-ahead to get the floor done from the builder.

Well, after so many ignored phone calls etc, my boss decided to contact someone regarding the problem she was having with her builder. Her warranty is about to run out and he still has not fixed several expensive problems covered by the warranty. She wrote a certified letter to her builder explaining her concern and frustrations. She went on to say that if these things were not addressed before the warranty ran out, she would concider legal action.

The builder received the letter and had the odacity to call her at work, cursing her out. Stating she and her husband have been very rude and its not his fault if he is so busy, etc. He even went on to say that he didn't authorize the flooring company to do the work they had (which he had), and since he paid for it (which was part of the warranty agreement), he was going to put a workman's lien on their property until the amt was paid back to him. He called her several names and told her off, then hung up on her.

Frustrated, she emailed the builders spouse, who is the president of the company. That was last week. The wife has only stated she would talk to her husband (the builder), but has refused any other contact.

There are many other factors involved with this situation that I'm sure I'm in the dark about and that I know of that I have not stated in this thread. However, I do know my boss fairly well and she is patient but has little tolerance for disrepectful people. Can anyone tell me if there is something she can do without going completely to the legal side of things? Is there a lien she could place on the builder for uncompleted work? She has taken my advice and taken pictures and documented everything she said and the builder has said and done since October. Is he able to file a lien, though it was covered under the warranty and he gave permission for the flooring to be corrected by the vendor they both agreed on?? I just want to see if there are any options for her. I appreciate it. Thanks.
 
I know of no state that allows homebuyers to place liens against builders for poor performance.

The builder seems foolish enough to attempt putting a mechanic's lien against your boss' home, however.

She took delivery of her home.

Her remedies are few, other than to seek redress in the courts.

Can't she see what her efforts have reaped so far?

Her efforts to amelioriate her problems have continued to backfire and fail.

She needs to sue the builder or remediate any remaining issues in her home and move on.

This guy she hired isn't going to voluntarily do anything else to satisfy her.

If there is a next time, she might wish to investigate options other than paying the builder before she is fully satisfied with shoddy work.


Some people don't pay their contractor in full, until everything is to their satisfaction.
 
I know of no state that allows homebuyers to place liens against builders for poor performance.

The builder seems foolish enough to attempt putting a mechanic's lien against your boss' home, however.

She took delivery of her home.

Her remedies are few, other than to seek redress in the courts.

Can't she see what her efforts have reaped so far?

Her efforts to amelioriate her problems have continued to backfire and fail.

She needs to sue the builder or remediate any remaining issues in her home and move on.

This guy she hired isn't going to voluntarily do anything else to satisfy her.

If there is a next time, she might wish to investigate options other than paying the builder before she is fully satisfied with shoddy work.


Some people don't pay their contractor in full, until everything is to their satisfaction.
I can definitely see your point. I think she was trying to be polite because she didn't want to anger him - but that didn't seem to do anything for her either. I hadn't heard anything about a homebuyers lien either, but it was worth the shot. I think it was more or less the builder received his money and he felt nothing further was worth fixing. Which to me, makes poor business habits. The bad thing is, my boss is not the only "victim" of this guy's rude and shoddy business like practice. After problems occurred, she started finding out many other homebuyers had the same problems; houses falling apart, rude customer service from him, unreturned phone calls. Kind of puts into perspective a few things for the future home buyer. I thinkg suing the guy would be her best bet. Thank you!
 
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