I am a home owner. we contracted with a pool contractor to finish pool installation and create a feature wall with waterfalls and fire torches. We had asked the contracotr if he could handle the work and he said no problem. He did refer us to a licensed electrical contractor that had done some of the work. However, the pool contractor insisted on him doing some of the work that he said "piece of cake". Once the pool was finished ,, we discovered that some of the electrical work the pool contractor had done was not working and better yet, dangerous. We had to contract a licensed electrical contractor ( the one that had done some of the work previously) to come and repair what the pool contractor had done. We reduced the amount left to pay to the pool contractor by the $ charged for repairs and proper hook up of the pool features and components. We detailed out everything to the pool contractor and sent him a release of lien form. He is is disputing the issues and claims he did not to "that work" but in fact he did. He threatened me that if I did not pay him in full , he would file a lien against us. It has been well over 90 days since he last had anyone work on the pool. What options do I have.? How do I find out if he did in fact place a lien. I have not been served either by mail or any other form. I had sent him an email again detailing the issues and the reduction of the bill but never got a response from him. what do I do?
If it's been more than 90 days since the contractor performed any work for you, the lien period has expired. It sounds as if he may have performed some unlicensed work, so he may create more problems for himself if he pushes the issue. On the other hand, be wary that it is almost customary for a second contractor to criticize the first contractror's work. If you end up in a dispute it appars it'll be the elctrician's testimony versus your contractor's testimony. Given the amount of time that has elapsed I would sit tight. A lien claimant is required to provide prompt notice of the filing of a lien. So even if the contractor timely filed a lien, his failure to comply with the notice requirement will defeat the lien.