Can a plumber place a lien on my house for unpaid work?

Full question:

I engaged a plumber in August 2010 to essentially do the following-1. Install a water heater 2. Relocate a gas dryer 3. Relocate a sink. He provided a proposal totaling $5200. The proposal starts- 'Plumbing Contractor to do the following work:' I told him it was too much so he agreed to accept cash payments to lower the total to $5000 (not much of a reduction, I agree). He never updated the proposal. There is no signed contract. He has been paid 3500 in cash to date.10 months later he is trying to collect the full 5200 (minus the 3500 in payments received) and additional money for chroming a sink strainer. I am sure it is because I told him on two occasions his job was done and that he was paid an adequate amount for his services rendered. Here are the issues-1. He said the project would be complete in 4 days- 2 for demolition and 2 for installation. The project started on August 30, 2010 and lingered on way past the 4 days and in fact, here we are 10 months later.2. He never installed the sink strainer (drain) and consequently never installed the sink. I agreed to supply the sink stand and faucet only. No mention was ever made of the customer supplying the strainer. In fact, twice, on two separate occasions a month apart, he came to fit the SAME brass strainer only to come to the SAME conclusion- it didn't work because it didn't allow the sink to drain sufficiently. It was also initially unacceptable because it had a brass finish as opposed to chrome. It is a common practice that the finish of the faucet and strainer match. He was given the old existing strainer in an effort to help find a suitable match. He indicated one didn't exist so the option of chroming the existing was offered. I made it clear at the time that he would be paying for the chroming. Two months passed and he called us in January 2011 to tell us he finally located someone to chrome the piece. He was told by my wife not to proceed and that his job was done, and to call me, and he didn't. He then called 4 months later on May 16, 2011 (9 months after the start date of the project) to tell me the strainer had been chromed and was ready to install. I told him on the phone once again, his job was done.(On Monday, as an experiment I wanted to see how long it would actually take to locate someone capable of chrome plating. It took me approximately 2 minutes of doing a search on the internet to locate someone who is local to my address.)3. He punctured a window screen while working on the front porch. 4. His truck leaked oil onto my driveway pavers. 5. He installed the laundry box incorrectly making it impossible to install the finish trim for the box. The box was supposed to be installed flush to the face of the drywall and it wasn't. 6. He was supposed to install hot and cold water shut-offs under the sink and he did not.7. He removed insulation in the crawlspace to install piping and didn't replace the insulation.8. The exterior dryer vent was installed with 2 steel screws, which are now rusting. Since it was installed incorrectly, the vent is now warped. The product is supposed to be installed with 4 exterior-grade stainless steel screws.9. The hot water heater was dented (not significantly) during installation.10. His worker made it clear on numerous occasions that he'd rather be installing fire sprinkler systems in Manhattan. He also had an immensely unprofessional, anti-productive, nasty attitude.My questions-I obviously do not want him to finish the project or correct any of the problems he left.1. Can he place a lien on my house? It has been 10 months since the start of the project, there is no signed contract, and the project is incomplete.2. He sent over a bill for the balance of the project ($1,792.54) that includes the cost for the chrome plating. He indicates the plating was done on May 16, 2011 (after he was told in January not to proceed, and 9 months after the start of the project). He also incorrectly states in the bill that I was supposed to supply the strainer. He never indicated he had intentions to charge me for the brass strainer he wanted to install.3. Is there not a reasonable amount of time one can assume a project to have been abandoned by a contractor? Does this example constitute abandonment?4. He refers to his proposal as a contract. His proposal is all that exists. I can even claim I never received the paper copy- he sent it via regular mail. Can it be considered a contract?- I didn't sign anything.5. What course of action should I take? Ignore him; report him to the BBB; write a letter back stating the job is done and he isn't entitled to anything else; call him to attempt to set him straight; or obtain contractor quotes to finish the project and correct the issues, then use it to attempt to offset the balance he is trying to collect (do I need to go that far)? How should I proceed?

• Category: Contracts
• Subcategory: Breach of Contract
• Date: 04/07/2025
• State: New York

Answer:

It is not necessary for you to sign a paper for a contract to be formed. Because you agreed to have him perform work for compensation, an oral contract was formed. It may be possible for a lien to be filed by the contractor. An anticipatory breach of contract occurs when one party indicates they will not fulfill a contract before the time for performance arrives. This can happen if one party states they will not complete their obligations. In such cases, the other party is not required to perform their obligations and cannot be held liable for not doing so. Your situation seems to involve incomplete work. We cannot provide a legal opinion, as this service offers general legal information. The outcome will depend on the court's assessment of the facts. You may consider filing a complaint with the Better Business Bureau, the professional licensing board, or pursuing a breach of contract lawsuit. A breach of contract occurs when one party fails to meet their contractual duties, causing the other party to suffer damages. Remedies for breach of contract include money damages, restitution, rescission, reformation, and specific performance. Money damages compensate for financial losses due to the breach. Restitution aims to restore the injured party to their prior position. Rescission terminates the contract, while reformation allows courts to change the contract to correct inequities. Specific performance compels one party to fulfill their contractual duties when monetary damages are inadequate. Promissory estoppel may apply if a promise was made and relied upon, leading to detrimental reliance. Reasonable reliance refers to actions taken based on another's promise, and if that promise is not fulfilled, damages may be recoverable.