Full question:
A contractor has placed a lien on the house we are building. The amount is to large, because the have cashed a check since the lien was filed. We want to resolve the matter but they want return our calls. The installed siding.windows and doors. The payment were made on the windows (in full) but they are not finished. The siding is finished and they were paid in full. The doors were installed wrong and we ask them to make the needed repairs. They refuse to repair without the payment made. If we can't get them to make the needed repairs before payment we know they won't come back afterwards. Is this lien illegal because they liened for more than they are owed?
- Category: Contractors
- Date:
- State: Georgia
Answer:
I am unable to give a legal opinion. A contractor generally has a duty to make a good faith determination of the amount owed when asserting a lien. If the lien was filed before payment was received, the payment may not have been subtracted from the calculation in good faith.
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