Follow up to previous message of contractor who damaged property. Today I received letter DA office , contractor file F,

2 weeks ago

Contractor damaged ($ 12,500 ) property job was $8500 , we stopped payment on ck filed with our homeowners … contractor promised contract but came and began work unannounced! No contract, found he is unlicensed and no insurance had to call file police report he’s harassing us !
Will take the cost of insurance payment plus
$ 5000 to correct damages caused he

Can he file a m mechanics lien ?

Guest
Anonymous

Recieved letter fromDA office today , alleging damages from complaint file . Being threatened with. Grand Larceny third degree Class D felony ! Makes no mention that the contractor stole $5000-6500 worth of property from out home … can I file the same charges against him , Ive already reported the theft to the police …

this contractor is not going through his insurance ( none) nit filed mechanics lien ( no contract ) or filed in small claims !   Why go the DA route are thete judgements already against him that dosent want seen ! Help !

And can I file a complaint with the attorney generals office … this is a deceitful and unscrupulous contractor !

Bragged about doing 75 jobs a season but wants cks made out to him not his company wonder if the IRS knows !

help

Senior Legal Associate Levelset

Considering the seriousness of this dispute and the claims being made on both sides – it would likely be wise to consult with a local construction attorney. When criminal threats and mechanics lien claims are on the table, a lawyer will be able to help navigate the dispute and they can advise on how best to proceed every step of the way.

While I can’t provide you the legal advice or counsel that your own attorney could, I can provide some information that might help here.

Availability of lien rights

For one, New York isn’t a state that requires a written contract in order to file a mechanics lien. So, if there’s been some agreement or understanding giving rise to the work, and if the work hasn’t been fully paid for, then mechanics lien rights may arise. If the work wasn’t authorized, though, lien rights generally wouldn’t be available.

As always – if there’s no payment owed, then there’s no valid basis for a mechanics lien. And, when a mechanics lien is fraudulently or otherwise improperly filed, that lien can typically be challenged and the lien claimant might even become liable for damages or even criminal penalties.

At the same time, note that a mechanics lien can get filed regardless of whether the claim is ultimately legitimate. County recorder offices typically have neither the bandwidth nor the authority to investigate each claim that is filed. So, even where a lien claimant might not have a valid lien right, they may try persuing a lien anyway.

Filing a complaint against a contractor

As far as filing a complaint with the district attorney – an owner may be able to pursue a complaint against their contractor taking that route. Further, a complaint with the New York state Division of Consumer Protection may also be helpful. Finally, making a complaint with the Better Business Bureau could help others avoid a problem contractor. While not necessarily an “official claim”, it’s also common for businesses to negotiate a settlement there, too.

Of course, these are merely disciplinary complaints – and, a legal complaint alleging theft, harrassment, or other claims may be possible too. But again – considering the escalated nature of the dispute, it’s likely a good idea to at least consult with a local attorney before deciding on a final course of action.

| 0 Upvotes
Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now