I am coming from the other side, where we signed an estimate, they began work and collecting funds but never gave us any sort of pay schedule. Or breakdown as we went. Then, out of the blue, I get an email saying they messed up and should have been collecting all along and expected me to write a check for 15k, on the spot. Then they stated that "Oh yeah, and there is the final payment due too ... so can you write us a check for 20k?" I said, "Sure after I get an invoice showing me not only how we got to the ESTIMATED cost but then went 12k over that estimate." There was 1 change order that was signed off by us. The rest that they are claiming they cannot legitimize. Every attempt I have made to try and discuss this was thwarted and now they have a lawyer coming after me. HELP! I want this to be in good faith but they didn't even pull permits and they are claiming that we owe them for that, is it is in the estimate. Just a lot of shady things going on and I am looking for some expert advise.
I am sorry for the issues. Yes, they can file a lien and they will file a lien, if that has not already occured.
What matters now is what this attorney is demanding and responding to that to try to put an end to this. There is no way we can provide advice other than it is time to schedule a consultation with an attorney and they can see about the issues and options.