Sunday, January 9, 2011

Lets get up to date - issues with former contractor

When I last updated this blog, they had begun framing the house and I had hand delivered a letter to our former contractor from our attorney. I'll get you up-to-date on both things.

The gist of the letter was to bring to his attention the framing errors and asking him to provide us with bills for the materials so we could pay them and then for him to leave the job and provide a lien waiver. The law also states that we had to give him a reasonable amount of time to return to the job site and if he failed to return, the "contract" would be terminated. The letter was delivered on the evening of November 11 (a Thursday). We gave him until 8:00 am, Tuesday November 16th to return to the job site and begin correcting his errors.

Well, the day after the letter was delivered he stormed into our lawyers office and refused to sign a lien waiver, said he planned to return to the job site and he was placing a lien on the property. Have I mentioned yet that this guy is a nut-job? So what did all of this mean? This meant we would need to just wait until Tuesday to see what happens. You guessed it. He didn't show. WHEW!!!! What a relief. I immediately got the new contractor on the phone and they were able to start the following day (my bday November 17th). You probably read about that in an earlier post.

Now, while we were thrilled that he was officially off of the job, we still had the issue of the outstanding bills and the lien on the property. After MUCH work on our end, we were finally able to pay for materials that were used on the house. The lien is still on the property, as of today, January 8th. It's for the windows. He ordered the wrong windows for the house and the wrong amount. On December 17th a Section 34 letter was delivered to the former builder. This gives him 30 days to enforce his lien (file suit against us), if he doesn't then the lien expires. This Friday, January 14, is the final day something can happen. We are just patiently waiting to see what happens.

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