Question

  03/27/12, 4:04 am
I have a general contractor who is threatening to file a lien against my house for work that was done in late 2009 and early 2010. The work in question was part of an insurance claim for a roof job and kitchen ceiling repair due to weather damage. The original invoice included a quote for the kitchen ceiling repair. After we paid the original amount he started sending another invoice for just the ceiling repair for a much larger amount. The original amount was approximately $200 and the new amount is approximately $1,000. When the work was completed my wife signed a work completed form with no amounts on it and that it was he used to work up the extra charges. Our insurance company at the time, we have since switched companies, denied this extra amount and sent us a letter to that effect. He has contacted us 2 times about this change, once by phone in March of 2011. During that call we tole him if he sent us the invoice, which we had never seen, we would send that to our insurance. In October of 2011 we finally received the "fake" invoice, which was the work completion order with the written in charges I wrote about above. The very last communication was a letter we got two week ago offering a "settlement" for $900 and a threat to place a lien on the property if that was not paid by April 1, 2012. We are very protective of our credit and need to know if we just have to pay this guy to avoid a lien or should we stand and fight? My main concern is the "fake" invoice where he wrote in the inflated amount after the fact. Time is critical since his deadline of April 1st is looming. Please help.
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United States   |   Georgia  |  Credit Debt and Collections Law
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Answer

Kevin Veler Says:

Apr 10,2012 1:55 PM

Generally I would say ignore the threat to lien your home. In GA, liens must be filed within 90 days of the last day of work. If he falsifies lien information and does file a lien be sure to contact an attorney promptly. A lien is merely a preliminary step but it should be addressed properly, especially in circumstances like this. The more likely situation would be that he would file a magistrate's action to try to collect the debt which would entitle you to a court hearing before a judge. You may want to check my website BewareOfContractor.com for more information.


Kevin Veler
Law Office of Kevin M. Veler
11770 Haynes Bridge Rd, Ste 205-337,Alpharetta, GA 30009
770-752-0990
http://www.Kmvlaw.com

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