The contractor owes us money for credits from materials he over bought and returned, mistake he made pouring concrete foundation, and gutters he took down, disposed of and never replaced. Costs total around $10,000.00. We are waiting for the final invoice which we would like to deduct these fees from. Can I file a lien against him to get my money back?
No; you cannot file a mechanic's/construction lien. However, you can commence a legal action asking a court to enter a judgment. If/when you obtain a judgment, you may be able to record the judgment. You should contact an attorney to discuss your options.