Legal Question in Civil Litigation in Maine
Renovations gone awry
I hired gen contractor who gave estimate of complete job at $76,500.(I have now paid $80K). GC said it would be less if done by time and material. New wiring was included, and I called about doing it with a friend. The GC said must be master electrician. Now I find out he was wrong. He hired an electrician without checking my account status and when the bill came $6K he said I owed it. The bill is in the GC name and address. He admitted to me he had not kept track of the expenses before hiring the electician. This GC never provided a contract (required by Me state law) or if waived that too must be in writing. The electrician wants his money and will but a lien on my property and include the GC.
What are my options? Am I obligated to pay the bill or is the GC?
1 Answer from Attorneys
Re: Renovations gone awry
You are correct that you are entitled to have a written contract. Maine's Home Construction Contract Act entitles you to damages in the event that the failure to have a written contract leads to the controversy. However, with respect to the electrician, unless there is some fraud between the contractor and the electrician, he is entitled to be paid for his services (by whom is not the electrician's issue when it comes to his lien rights), or he is entitled to file a mechanic lien certificate and subsequent lawsuit that will encumber your residence until he is paid. You can pay it directly and take it off the contractor's bill, (its is best to get everyone to agree to this) or you can make the electrician wait until you are done dealing with the contractor and a lien may be placed in the interim.
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