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Send the check for the amount you agreed on and write “paid in full” in the comments box. If you go to court, he can’t say “the guy refuses to pay me anything.” If he cashes a check that says “paid in full” on it, that’s sort of obligating but obviously set in stone. Plus, he’s more likely to take action if you pay him nothing, that wasn’t your agreement and no one would expect to be happy with that.
Good advice here
big G
In mn I believe he has 10 days from the start of work to prelien you. If he does not do this he can still lien but it will easily be thrown out by a attorney on your dime. Hate to say you have all the rights in the world to fight this. It will only cost you time and money. Who is right or wrong does not mater it will still cost time and money. If the work he did was worth what he is asking pay it. If not pay what was agreed on and fight it.
I am dealing with a contractor that follows what sounds like these same business practices. I got a written estimate for one price and a bill for double. No mention of additional work. Bill arrives over a month after the job is done. So he places a lien on my customers property and hauls me into conciliation court. I loose. Judge states there was a implied contract between us and improvements where made to the property. The written estimate did not mean anything. The owner tells me on the way out of court he new he was going to win because they are in court every week collecting money this way.
Now I have all the rights in the world to fight this. I can appeal the decision. Hire a attorney to fight it. Sue this contractor. It will just cost me time and money to end up being right. NOt sure what I am going to do with this yet but most likely we are paying and additional costs including his court filing fees, lien fees and lien release fees just to make this go away for my customer. Got to love the way this stuff works out.
Lesson learned from this? Make sure any estimates or work orders signed have on them have some sort of statement tot he effect that any additional work must be approved in writing by both parties before start of work. Dont kid yourself that this will solve all problems. The best rule of thumb is “its better to have a poor contract with a good contractor than a good contract with a poor contractor”.
Because when it goes bad it will only cost you time and money to fix it. Make sure and check who you are doing business with.