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A subcontractor gave us a bid. He started work but did not finish. He is now billed us for double the amount.

I am a general contractor for a home owner. We hired a subcontractor (plumber) who provided us with a bid proposal. He started the work but did not finish. He is now invoicing us for more than double the amount. we had to bring in another plumber to fix the problems and complete the work. We are not disputing we owe him something, but we see no grounds for him to more than doubling his price. Is he able to file a lien on the property based on this basic information? And our we able to back charge him for damage to the property and paying a new plumber to fix and complete this work?

1 reply

May 21, 2020

The plumber can file a lien for what he claims is owed. It sounds like if he does so, it could be overstated, and that could lead to some defenses against the lien. Is he claiming that he had to perform extra work, or changed work warranting an increase in his subcontract amount? That is the first issue. Otherwise, he should be bound to his bid amount. As far as back charges, yes, you should assert back charges for costs incurred to complete or correct the plumbers work. If he simply abandoned the project, you have every right to assert those charges. He may argue that he stopped working because he had not been paid, which opens up another issue. Hopefully this summary will guide you, but you need to consult your counsel about this matter.

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