We have a new construction residential build. At the recommendation of friends, we chose a different stonemason than our GC usually uses and we have been managing him directly. We have no contract with him. We signed the original estimate of $17,500 and paid a materials deposit of $8,000. Issues with the workmanship occurred and he became very defensive and difficult to deal with. Everything from that point forward occurred through email, with his girlfriend we think writing them. They proposed a final price that included a discount of $2,000 and we agreed to that amount and they termed it the "the final price of the project is $13,752." This is in addition to the $8000 materials payment we had already made. He then finished the rest of the project. 

We asked for receipts for all the materials and in gathering those he realized the materials cost was $2500 more than he had factored into that "final price of the project." He said he was unaware how much the difference was until then and demanded we pay for it. We negotiated some of that down, but he is still pushing back on more of it and we feel we have used good faith but are no longer interested in negotiating with him. We did not agree to any cost overruns in advance above the $13,752 + $8,000. It feels like the extra materials is a bait and switch. We want to push back and say that the only thing we agreed to was the $13,752 and that is now all we will pay. 

However, we are concerned that he will put a lien on our build if he does not get the full amount he is now demanding. Negotiating it down, it sits at $1,000 more than the $13,752. So we are talking about not that much in the big picture. We also simply cannot afford to get into a legal fight with him or deal with a lien waiver. On principle, it feels wrong to cave to his demands (especially given his tone and previous conduct), but we also do not know if it is worth the fight. I have multiple debilitating health issues, am recovering from cancer and we are trying to finish building a home with my husband doing most of the remainder of the work himself. We have a lot of other things to be doing with our time, energy and money. So, we are trying to determine if there is any wisdom in pushing back and saying we are not obligated to pay for any costs above what we agreed to at the $13,752 balance due. So I suppose to make a better decision, we would like to know:

Without an explicit contract, are we legally obligated to pay for anything a tradesman brings to us after the fact that he did not disclose and get approval for in advance? 

I have not been able to find a license number for him. Are stonemasons in Idaho licensed? If not and he does not have a license, can he file a mechanic's lien? 

We are trusting souls who clearly made a bad decision. We just want to be treated fairly and find peace with all of this. Thank you for any help or guidance you can provide.

Gratefully,
Kathy

Idaho

Mechanics Lien

Legal Advice

Can a stonemason file a mechanic's lien?

Can I file a lien  when a client agreed and signed invoice that states payment terms. $100booking deposit , remaining half down at the end of the first. And balance due upon completion.  He paid the booking. And gave a check for the remaining half down on day 2. . Which was a Sunday and I couldn't cash it. .I asked for the check at the end of day 1 like contract states. Day 3 morning I messaged him told him I have to go to city dump etc.thay I would be there at 1 . No response. I went to check cashing to cash it and message client telling him there calling him for verification and he didn't respond. Cashing place. Told me there's a stop payment.  Tell now he won't answer r  The inconveniences was.kk

Nebraska

Can I file a lien

Idaho does require preliminary noice signed before contract. I know because Opposing cancel had my lien dismissed because of the misleading information I read.

Why are you posting false information regarding preliminary notice in idaho

If someone files a Mechanics Lien in Idaho, but does NOT file a lawsuit within the required 6 month time
period and the lien becomes invalid for time -- Can that person REFILE A NEW LIEN OR LAWSUIT COVERING 
THE SAME AMOUNT FOR THE SAME TIME PERIOD THAT JUST EXPIRED?  

IN OTHER WORDS, CAN THE PRIOR EXPIRED LIEN BE EXTENDED BY WAY OF FILING A NEW LIEN OR LAWSUIT AS THE ONE THAT EXPIRED?????

If a lien expires for time, can the same lien be refiled"

I am a handyman/unlicensed contractor, and this job is based off a quote and verbal agreement. A then "good friend" licensed contractor of mine encouraged me to take a large residential concrete job that had contacted him, to get me working when business was slow for me. He was going to "teach" me to do large patios. The day of the concrete pour, he ran the show, but the quality of the job ended up very bad and he left. Following that, the client would not let me attempt to resurface it to bring it to acceptable quality, or later, would not let me return to demo and remove the concrete. They refused my dumpster delivery, and the day of demo, called me and told me never to come to their house again.  Now, 6 weeks after, they have sent me a demand of payment letter, demanding their deposit back, and for me to pay the cost of them hiring another contractor to demo the concrete and remove it. I would like to know what tights they have in this matter, because they did not allow me to try to bring the job up to an acceptable level of workmanship, or allow me to demo and remove at my expense. Additionally, they have received a portion of the promised service which should be acceptable (excavation of dirt and grass, leveling, compacting) which was not separately priced, and even if I were to refund the deposit I believe I should be compensated partially for.

Chuck Miller

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