I hired a man to do some concrete work at my house. The work and the price went well and I paid as soon as it was finished. I told the man that I would refer him out and wished him well. I get a letter in the mail a week later stating the intention to lien my property for the actual concrete materials. I explained there must be a misunderstanding, the job has been paid and do some home work. Don't contact me, contact the one who ordered the concrete
I AM LIEN-ING YOU
I didn't hear anything back for 3 months until I received another letter in the mail with a deadline to respond or a lien will be filed. I called the hardened seasoned woman at the concrete supply company again , went over the whole scenario and she stood her ground citing Mechanics lien laws and I should have known better....Oh really?
HOLD THE MAN ACCOUNTABLE
It turns out that the owner of this large concrete business lets his men order concrete for side jobs using his contractors license number and account with the concrete delivery people. When I paid this man, he never paid the concrete delivery people. They in turn come after the homeowner (me). When I found out that this account was big business to the concrete company, I told this woman do not give them anymore concrete until they pay this bill. That is how simple it is
IT'S MY PROBLEM
She said I cant do that because they are a very big customer of theres and she didint want to offend them. WHAT? I am afraid you will have to pay or be lien-ed. I told her you cannot selectively decide who pays and who doesn't and then go lien peoples homes and she said yes I can and started making one-sided demands and looking for an excuse to hang up the phone. Sir, it is your problem
SHE IS RIGHT
Legally she is right about getting paid if she supplied labor or materials to a job. However, I didn't order those materials. She claims well when a large concrete truck pulls up at your house, what do you think that is? I said I thought the guy who is doing the work owned that. I didn't know anyone else was involved. However instead of calling the people who ordered it, she is selectively coming after me while that company continues to order concrete for other jobs like nothing happened
OKAY...
Well I hate to do this but when I have too, well I have too. Mam, I didn't call to argue. Here is my final position on this matter. I paid the man who did the work. He works for your large customer. They know he ordered the concrete and so do you. DO NOT LIEN MY HOME as stated or I will file a lawsuit over your business practices and name everyone I can think of...
IT WONT COST ME ANYTHING...BUT YOU ARE IN FOR A SURPRISE OR TWO
She wouldn't let me speak cutting me off in between sentences so I had to kick it up a notch. Mam, my son is a prominent local attorney who will have the final say when he orders your books into court, deposition all people involved and go into detail about your business practices and your threats and intimidation wont work. Now get the guy on the phone that I paid along with his boss who you claim is a large customer of yours and back me up instead of letting your large client slide here
SHE DID WHAT I ASKED
She did a 3 way phone call with the guy who did the work, the owner of this large concrete firm (her big customer) and herself and the man admitted he was paid, apologized and said he would pay right away. The owner of the company, who lets his men do side jobs using his account and connections let him have it stating you are embarrassing me with my customers by not paying.
ANYONE WORKING ON YOUR HOME HAS LIEN RIGHTS
I was lucky because I had an attorney and I was technically also in the right. The moral of the post is that when having any work performed on your home, all doing the work must get paid. Joint checks is usually the way to go and holding back some money for a few days or at least during the lien period is not uncommon
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