JAMES T. WEINER is an attorney (JD - 1991), a businessman (MBA- 1986) and an engineer (BS Chem Eng 1981). He represents large and small organizations and individuals with a wide variety of environmental, corporate, construction and property issues. Mr. Weiner's twenty-five (25) years experience include over fifteen (15) years as a practicing attorney and twenty (20) years as a chemical/environmental engineer in various industries including chemical and auto-part manufacturing and metal finishing. Mr. Weiner has taught environmental law at Wayne State University and construction law at Macomb Community College. Mr. Weiner has a very general background environmental issues including environmental litigation; problems associated with contaminated sites and leMore...More...
To my knowledge there is no "law" on deposits for construction contracts. That said i have had several clients that paid significant up front deposits then the contractor never came back to even start the work. So asking for a significant up front deposit could drive away potential clients.See More...
Has it been more than 90 days since his last date of work at the site? If so his lien will be invalid if he files it. You need to demand a "Sworn Statement" from him regarding all subcontractors and suppliers that may or may not have been paid and it has to be received PRIOR to any further payments. Unfortunately you may need to have expert testimony to prove that the changes he made to the project diminished the value since he apparently "substantially See More...See More...
In Response to both Attorney Olson and Passenger: The question clearly states its a residential property (e.g. "on my home residence") thus a residential builders license should be required. Further a construction liens allow the collection of attorneys fees for enforcing the lien if successful and many appeals court cases have held that attorneys fees can vastly exceed the underlying claim. I forget if attorneys fees are collectable for defending a lien sucSee More...See More...
You must file a lawsuit to foreclose on the Construction Lien within 1 year after it attaches to the property -- otherwise its void. Contact an attorney. See More...