Menu

SM MECHANICALS

MarylandConstruction ContractPayment DisputesRight to Lien

GOOD MORNING GENTLEMEN I AM A REHABBER, GAVE A CONTRACT FOR FIXED PRICE OF $12000 FOR MECHANICALS AND ELECTRIC TO A CONTRACTOR. WITHOUT ANY CHANGE ORDERS AND NO COMMUNICATIONS, NOW HE IS INCREASING HIS AMOUNT TO 185000 ALTHOUGH, I OFFERED TO PAY 1500$ EXTRA AS A SPECIAL CASE. BUT UNDER THR THREAT OF PUTTING A MECHANICS LIEN FOR FULL AMOUNT, HE IS GIVING ME A STORY THAT HIS ATTORNEY CAN DO IT I FEEL HE HAS DELAYED MY JOB AND NOE NASTY BEHAVIOR HOW DI I HANDLE THE SITUATION

1 reply

Jun 22, 2020
A contractor cannot unilaterally change the price of the contract. That's especially true where nothing on the job has changed. So, if there was a fixed price and the contractor raised the price without any change orders or agreements to adjust the deal, a contractor's attempt to charge more is likely bogus. If they opt to file a mechanics lien for amounts they aren't actually owed, that lien will generally be invalid and unenforceable. With that being said, it's common for contractors to file a lien when there's a dispute over what's owed. Further, it's also possible that the claimant could have their attorney file a lien that's based on false or even fraudulent information. Though, warning the claimant or attorney that the lien is overstated and will be challenged upon filing might help to convince them not to file their lien. That'd be especially true if you could provide documentation showing the lien exceeds what was agreed to, and if you contested the lien via your own attorney. If their lien does get filed, and if that lien was improper, you could be entitled to damages, costs, and even attorney fees - and reminding the claimant of that fact might also help to push them to stand down. On that front, here's a list of Maryland attorneys who might be able to help: Find a Maryland Construction Lawyer. Additionally, these resources should be useful: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?
1 person found this helpful
Helpful