Contractor trouble update

I had a contract with a builder to build a master suite addition. 11 months later it is finally finished and I have scheduled for a final inspection for monday. Here is the thing...I have paid him his money according to the contract that outlines all expenses. If anything he owes me. Well here is the problem now, he has not paid the HVAC company the rest of their money. They have been calling me for the money and are threatening to put a lien on my house. ***!!! He should have the money to pay them. His quote for the HVAC was $6200. When I talked to the company, they said it was just $4600. So he should have the money you would think. He says he is broke and will pay Triangle Comfort in full when he gets paid next week.

I am not blaiming the HVAC guys at all, they did a great job and I would recommend them. WHY ME!!!!! Any advice???

 

That stinks and boy was that a very high mark-up on the price, hows he not have any money with mark ups like that?

 

Seabee,
I have no clue...When I lucked at the contract while on the phone with Triangle Comfort last night, I about fell out of my chair.

 

If you have a contract and a receipt where you paid the contractor and he was to pay the HVAC guys, no judge is going to grant them a lien. They are sub-contractors, they get paid by the contractor.

 

Don't blame you.. thats over a 30% mark up. To high in my opinion. Tough spot to be in.

 

NC has some funny laws with that. Contact Wayne on here, he is the resident arbitrator around here.:lol:

 

LOL...dont do that....by the time he gets done with Wayne he will want to burn down your house.

 

Jennifer,
They said because the equipment is on my property, they can do it. I asked why they don't go after him, they said the same thing. I have copies of all the certified checks that I paid the contractor. The checks are not job specific but they equal the quote for the build.

 

What is Wayne's call sign on here?

 

The contractor absolutely CAN file a lien, problem is, their beef is with the contractor, not with you. Once the lien is filed, in order for it to be enforced, the contractor then has to sue. Search for NC Mechanical Lien Laws and you should find out what you need. I work part-time for an HVAC company. Unfortunately, I know all too well what the law is.

 

Damn Wulf that was truly hilarious. I'm still laughing at that. Classic

 

So I take it that Wayne is the poop!

 

To put it mildly...

 

You might want to call an attorney that deals with real estate law and ask what you can do, if anything...If you want to PM me, I can refer you to the one we use.

 

Mighty one Wayne Stollings, you can generally find him on the other side the dark side.

 

Where would I find the Mighty One then??

 

In case you missed my post on the previous page, I am somewhat experienced with this. You need to first google NC mechanics liens. You will more than likely need to speak to an attorney ( I don't think Wayne is one). I spoke to a very nice one a couple weeks ago regarding this very issue, I can get his name and number for you first thing in the AM.

 

Go to the neighborhood side and check on the Let it countdown post, hes all over it.

 

Call the Attorney General of NC and report him, and call Monica Laliberty on wral 5 on your side. And call the BBB of Nc and put a complain in against him so no one else uses him and gets abused like you did. Oh, and don't pay him the final balance until he pays the HVAC, use the final balance to pay the HVAC yourself if it comes down to it.

 

Yeah, overkill helps. Give them a chance to work it out before you go postal on folks. Times are tough right now, remember? I am in no way defending the contractor, but there is no need to do all that......................yet.