Legal Question in Construction Law in Pennsylvania

mechanic's lien

Hired contractor to install paver patio. One page contract with pricing was signed. Paid half up front, balance upon completion. Before patio was complete (20 hours into job), we fired contractor. He did not excavate properly or tamp properly. Patio is uneven, about 6'' off grade on one end, edging is inappropriate and cannot contain stone, and more. It is falling apart already. A phone call took place where contractor indicated he would finish the job and we can then hire somone else to correct it. We sent certified letter indicating all areas that needed to be fixed, giving him 48 hours to respond. He did not. We again sent certified letter reiterating all items wrong with the job and advised that we would hire a different contractor to fix and finish the job and that we would pay him no additional money. He just filed a mechanic's lien. Not sure what our options are now. We are considering suing him. We hired another contractor who will need to remove what has already been done and start over. What are our rights in a case like this? Not paying him one dime more! How does a mechanic's lien work?


Asked on 6/28/06, 11:22 am

1 Answer from Attorneys
Scott Diamond DIAMONDLAWYER

Re: mechanic's lien

you ned to sue him or file an application to have the mechanis lien remove. It is quite complex, but you probably can figure it out on your own if you go to the courthouse. The longer it sits, the harder it is to remove. Expecially if the contractor disappears. Down the road you will have to pay it into an escroqw to get clear title. Do this now

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Answered on 6/28/06, 11:25 am


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