I own a fairly large boat. It is about 20 years old. I hired an independent boat painter with a good repuatation to completely repair it. The local marina wanted about $30,00 but he said he could do it for about $18,000. I saw samples of his work and they looked quite good, albeit on much smaller boats. He didn't have a large boat painting facility of his own so he recommended an independent marina where I took it and paid for that marinas hauling my boat and placing in the paint area. He began work in early May 2004 and finally I called it quits in August 2004. The work was terrible. It truly devalued the boat. I had paid him $9000 up front in May. The remainder was due at completion. When he finally said that he could do no more I refused payment. I had other painters and even a boat surveyor view the work. I have a long list of what the professionals thought was wrong. Without a lengthy litany the paint had dirt and grit in it, and big drips.
I hired another crew, paid them $20000 and the removed every bit of paint that had been applied, sanded down the whole boat and then they redid the work. It took about six weeks. I just received notice of a lien placed by the first painter for the 2nd half of the payment. I had prevously told him that I wouldn't pay him because the work was so bad, but if he left me alone I wouldn't try to recover the original $9000. The boat is documented (registered) with the US Coast Guard and so his attorney filed the lien with the Coast Guard. Must I sue him in order to break this lien?
I hired another crew, paid them $20000 and the removed every bit of paint that had been applied, sanded down the whole boat and then they redid the work. It took about six weeks. I just received notice of a lien placed by the first painter for the 2nd half of the payment. I had prevously told him that I wouldn't pay him because the work was so bad, but if he left me alone I wouldn't try to recover the original $9000. The boat is documented (registered) with the US Coast Guard and so his attorney filed the lien with the Coast Guard. Must I sue him in order to break this lien?