Legal Question in Consumer Law in California

leans

how can a someone put a lean on my house if they have not completed the work they were hired to do? a verbal contract for $500 was agreed upon to remove trees. $250 to start $250 when finished. After one month the stumps remain and he has upped the price to $1000 total. I agreed to this only if the work was done in the next 3 days. And payment would be made when the work was done. He started to dig one stump then asked for $250 now. I said that wasn't our agreement and he said he would go down to the court the next day and put a lean on my house and I would end up paying $2000. So can he do that? And how can he just make up a price? How do I get the lean off my house?


Asked on 5/13/04, 2:40 pm

1 Answer from Attorneys
Phillip Cooke Law offices of Phillip A. cooke

Re: liens

You pose a question that commonly occurs when you enter an oral contract. What are my rights if the other party claims the contract to be different than what I agreed to?

My best advice to you is to send a letter to the other party, (KEEPING A COPY) setting forth the oral contract, explaining what part of the contract has been completed and what remains to be done and what the terms and conditions were.

If the other party has not lived up to the terms and conditions, there may be a breach of contract. If you have damages because of that breach they should be set forth.

Not all tree removal contracts include stump removal. You should be sure that such removal was part of the original contract. If not then a request to remove the stump could give rise to more charges.

As with many disputes, the amount of money involved does not justify the cost of hiring an attorney.

For work done on a home, a licensed contractor may file a lien for work performed but not paid for. There are strict procedures and failure to follow them may invalidate the lien. Failure to timely file suit may invalidate the lien.

You may find the most help with the state contractor's licensing board or the better business bureau if you have fairly described the contract.

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Answered on 5/17/04, 3:04 pm


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