If you feel you have unfairly been placed under a contractor's lien and they have the right to drag it out and prevent you from obtaining a Certificate of Occupancy for new home contruction, how best to file for a dicharge or adjudication of the lein?
The contractor claimed a problem with soil conditions for a home foundation and garage slab and perfrmed work to correct it. He also demanded a soil engineer look at and design an engineered foundation. I paid for the engineer who came out and said the soil was fine; did not need any extra work that he had performed. I also had the county building inspector come out and he confirmed the engineer's findings too. Once you disturb the natural soil you cannot just fill it in and proceed; you have to fill it it with block, gravel, concrete and the extra labor as in the regular foundation from the point of the newer, unditurbed dirt. Hence the extra work and charges.
In my case a contractor added on a fee, a day before completion of the project, claiming extra work needed to be done to correct soil conditions. The invoice was raised 40% over the contracted price. The contract clearly states:
"Any alteration or deviation involving extra costs will be executed
only upon written orders, and will become an extra charge over and
above the estimate."
Liens are helpful tools to gain payment of services and materials that cannot be reclaimed, however, an unscrupulous contractor can leverage his/her position (and make life hell for your project for a simingly very long time) utilizing the existing lien laws.
I live in North Carolina. How best to act proactively and have this decided by a court what, if anything, will settle this account and have it discharged?
The contractor claimed a problem with soil conditions for a home foundation and garage slab and perfrmed work to correct it. He also demanded a soil engineer look at and design an engineered foundation. I paid for the engineer who came out and said the soil was fine; did not need any extra work that he had performed. I also had the county building inspector come out and he confirmed the engineer's findings too. Once you disturb the natural soil you cannot just fill it in and proceed; you have to fill it it with block, gravel, concrete and the extra labor as in the regular foundation from the point of the newer, unditurbed dirt. Hence the extra work and charges.
In my case a contractor added on a fee, a day before completion of the project, claiming extra work needed to be done to correct soil conditions. The invoice was raised 40% over the contracted price. The contract clearly states:
"Any alteration or deviation involving extra costs will be executed
only upon written orders, and will become an extra charge over and
above the estimate."
Liens are helpful tools to gain payment of services and materials that cannot be reclaimed, however, an unscrupulous contractor can leverage his/her position (and make life hell for your project for a simingly very long time) utilizing the existing lien laws.
I live in North Carolina. How best to act proactively and have this decided by a court what, if anything, will settle this account and have it discharged?
