Received notice of a lien , but contractor did not complete work. Want to give a written scope of remaining work to be agreed in and we are willing to pay in full , but contractor does not want to comply with list or respond to email attempts. What can we do to resolve this issue or so we just go to court and let it play out. Our position: contractor did not complete work and final punch list. Contractor position: he will finish the work if he is plaid in full ( approximately 5% total project is currently being held)
Although it would depend on the terms of the contract, it is genrally improper for a contractor to demand full payment prior to the complete performance of the contract. If you feel that you have grounds for withholding payment to the degree that you have held back paying, you should file an appropriate written response which states your purported justification. Not filing anything will not help you.
It's hard to resolve a dispute with a contractor who won't answer phone calls or emails. But, if you make it clear that you're willing to talk about partial payment right from the jump, they may be more inclined to take your call or answer your email. Even if you think that's not the fairest or most proper way to proceed, it could help to make sure the remaining work is done. Alternatively, offering to write the check and hold it on site while they finish the work could be useful, too. Or, reaching some escrow agreement could do the trick. Of course, hiring a lawyer and having them draw up a response demanding that the work continue might be yet another option.
In any event, going to court is rarely a good initial option, particularly when the timing of a payment is all that's at issue. If you were to pay the contractor before they finish the work - filing suit is an option if they fail to finish the work. So, if you believe this contractor won't take off with the check without doing the final work, or if you're confident you can hold them accountable (by filing a lawsuit or some other way), then making payment might be a better option that jumping straight to a lawsuit.