Legal Question in Consumer Law in Massachusetts

billing dispute
I hired a handyman company for a ceiling fan installation and some screen hanging & repair. A contract was signed, work done & paid in full. Worker complained of long hours, low pay. I told him I had other jobs I was planning (never mentioned to company) & if he was interested when times were slow, he should call me. He called the next afternoon & began a job for me. He came in the company truck, which had GPS he didn't know about. Company called & asked why he was here (2.5 hrs). He left, returned truck & got fired. Worker returned 2 days later, finished the job, I paid him in full. The next week a bill (for about $120) was dropped off by the company stating 'worker forgot to leave this.' As no additional contract or oral agreement or even conversation with company was made, am I liable for this bill? Worker said to ignore the bill, but the company is threatening me with a lien on my house. In addition during initial work, some of my walls were damaged. I have not told either of them about it as it was minor, but now I wonder if I should bring it up to the company.

Asked on 7/17/07, 1:14 pm

3 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

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Re: billing dispute

You should definately write a letter to the company exactly as you say. You need to do two things: clearly inform them there was no work done by that company under any written contract or otherwise beyond the contract work, for which they were paid in full. Also, tell them that in light of these facts, they have no mechanics lien rights, and that if they go beyond threatening to lien the house and do so, you will take "all appropriate action against them available to you under the mechanics lien statute, or otherwise."

This way, if they go ahead and file a frivilous line, they can be liable for perjury under the lien statute, the lien can be discharged summarily as a product of fraud, and you could recover your attorneys' fees and double or triple any damages as a result of the fraud. Do this quickly, before they go ahead and file a line without notice from you of the consequences.

Answered on 7/17/07, 4:02 pm

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