Legal Question in Construction Law in Washington
Contract negotiation
My husband and I entered into a written agreement with a home building consultant. After several several attempts to renegotiate the contract( we did not receive the services that he promised)he threatened to place a lien on our home (that is almost completed). We signed the amended contract ONLY because he threatened us. We thought we were ''finished'' with him. This amended agreement took place in Oct.2006. We recently received a statement from him requesting the balance due and another threat to place a lien. Are we able to keep him from placing a lien on the property while disputing his charges/fees for absolutely nothing?
1 Answer from Attorneys
Re: Contract negotiation
Construction law is its own separate area , as near as I can tell because contractors have a vested interest in having a court say they were right. Of course, attorneys who litigate this area are skilled and can handle either side of the argument.
Your consultant is going to say that he has a signed contract. You are going to argue that you were threatened into signing it. However, you have received benefits and services from this guy in the last six months. I see no fact presented suggesting that you called the police or an attorney when this happened to report that he had threatened you.
Courts are going to presume that you are competent and not operating under threats or duress unless or until you say something to somebody about the problem.
You really, really need to lawyer up now. You have done as best you could with this guy, now it's time to call a pro.
Hope this helps. Elizabeth Powell
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