I recently hired a local contractor for some work on my property, and we agreed on a labor rate of $65 an hour. Initially, he said there would be no need for subcontractors, but he ended up bringing an associate to help. After a few days of work, I got an invoice that charged me the same $65 per hour for his assistant's labor, even though we never discussed this rate for the helper. I contested the charge and offered $40 an hour for the assistant, which I believe is fair, but the contractor flat out rejected this. Now he's threatening to file a mechanics lien against my property unless I pay him what he's demanding, which I find unfair since we didn't finalize the payment terms upfront. Can he actually file a lien like this if we haven't agreed on everything? I'm ready to go to small claims court if needed, armed with photos and communication records. What are my options?
2 Answers
You’re definitely right to question those charges! It’s not uncommon for contractors to mark up labor costs, but $65 for general assistance sounds steep. Like you mentioned, without an explicit agreement for the assistant’s rate, you shouldn’t be liable for that amount. If he goes ahead and files a lien, just remember that you can contest it. You’ll likely need to argue your case in court, especially if you have proof of your communications and the work quality. Stick to your guns!
Lien laws can be tricky and really depend on your state. In my experience, if he files a mechanics lien when there’s still a dispute like this one, it usually doesn’t hold up well. Tell him you’re fully prepared to argue your case and let him know that you won’t budge from your fair offer. If he insists on going through with the lien, it might help to get a legal letter started to protect yourself—most contractors will back off when they see you're serious about defending your position.
Exactly! A good lawyer can make all the difference. Last time I got into a situation like this, having legal backing made the other party reconsider. Just make sure you document everything! No contractor wants to deal with a legal hassle.