I contracted a roof replacement, metal carport, wooden deck, and gutters. The homeowners are not satisfied with the work, though I have had each trade repaired or redone and made many attempts to discount and/or redo all the minor complaints they have. They seem to not be able to satisfy. Before work was started, I had homeowner sign a contract, one page included 5% retainage rights. The homeowner is holding the remaining 50% of the funds owed instead, and some of my guys working there have heard him say he doesn’t plan on paying it at all. He is married and the wife lives there too, but I did not get her signature on any of the paperwork. Can I still file a lien?
You can file a lien, but under these facts, both a constitutional and statutory lien would likely be subject to summary removal. However, that process requires the homeowner to hire an attorney, as well as court intervention (litigation), which homeowners often seek to avoid.
Another issue I am always wary of in roofing disputes is the specific language that is required of residential roofing contracts by law, in additional to residential repair contracts in general. If certain language isn't in the contract, it can open the door up for a countersuit against your company, and I think you should understand that risk before taking any further action.
If you reach out to my office, the worst thing that happens is you forego this lien and use other legal methods to recover the funds owed to you and we simultaeously confirm that your contract in ship shape, or we otherwise perfect it. Feel free to reach me directly.
Ben House
281-762-1377
ben@houseperron.com