Consumer Law, Warranties Mechanical lien? Work not done right.

[frenchalley]

Had home fumigated/tented for termites, primarily because we were concerned of termites in our attic. When termite company rep (contractor) first came out I asked if spot treating the attic was sufficient and he said no, the most effective way was to fumigate/tent the entire house. So, signed a contract with a contractor, and was given specific preparation instructions, including making sure the fumigators (his subcontractor) leave the attic door OPEN so the fans would circulate the fumigant (Vikane) into attic. The fumigators failed to see the attic door was left open. I'm not satisfied because I don't feel the job was performed correctly/effectively and want contractor (his subcontractors) to fumigate/tent again. Contractor said not to worry because the Vikane penetrated through the walls and got to the attic and doesn't agree to repeat process (tent again). He's coming by to pick up payment in full (no upfront payment was required). Need assistance on best way to approach this since there is a "mechanical lien" statement in my contract. Pay? Not pay? Pay and then file small claims? Concerned about the mechanical lien. Note: all information I've read on many other termite company websites that attic doors must be left open for Vikane to circulate all areas of the attic.

 

[mightymoose]

Have them demonstrate some kind of proof to you that the chemicals sufficiently made it to the attic. Research the chemical and try to locate manufacturer documentation that instructs leaving the doors open as a necessity.
Any loss due to not being done properly is for the two contractors to work out.
I won't tell you to not pay, but if you choose to not pay be prepared to support your claim that the job you hired them for was not done. Did the contract have any notes in it that the attic had to be open?
Your contact may have something in it about how to resolve disputes. Read it carefully.