Sworn Contractors Statement

2 weeks ago

I received some final invoices from my contractor for cosmetic home remodeling. I withheld partial payment because I felt some of the invoices were padded. He gave me proposals and then came up with invoices for extra work that he claimed were not part of the orignal bid. He has not cashed my check but just sent me a Sworn Contractors Statement. Not sure what the next step is.

We never signed a contract and he never gave me a copy of “Home Repair: Know your Consumer Rights.”

Senior Legal Associate Levelset

Ultimately, the next step will be determined by the actions of the parties involved. If a contractor goes unpaid, that contractor will generally be entitled to file a mechanics lien against the project property – even if they haven’t sent a Consumer Rights notice, and even when there’s a payment dispute or workmanship dispute.

Still, if there’s a dispute and the contractor has failed to provide the required Home Repair: Know Your Consumer Rights notice, then the owner may be entitled to file a consumer fraud claim against the contractor and recover damages associated with that claim. Plus, an owner may be able to leverage their right to make a fraud claim against a would-be lien claimant in order to try and resolve the payment dispute.

If you’d like to proceed with a claim against the contractor for failure to provide a Consumer Rights notice, it’d be wise to consult a local construction attorney. They’ll be able to review your circumstances and advise on how to proceed with claims against a contractor.

Finally, if you believe your property will soon be liened, this article may be helpful: I Just Received a Notice of Intent to Lien – What Should I Do Now?

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