We built a garage and the owner is refusing to pay.

Question

We did everything from concrete to sheeting the roof, would have finished it but he fired us for not coming out on the weekend. when wqe had car trouble and couldn't get there. Now he is refusing to pay us at all? What can I do?

Answer 1

You can put a lien on the property.

Answer 2

Generally, to put a mechanics' lien on property in the US you need to give proper notices at the start of the job that a lien will be filed if they don't pay.  But laws vary from place to place, so it may still be possible for you.

You can sue for the full amount owed to you, even if he prevented you from completing the job.  You "substantially performed" the contract.

Even if you are not awarded the full contract amount, you may be paid the reasonable value of the work you completed.  Natasha is right about "unjust enrichment"--no one gets a free garage.

If the amount owed is greater than the small claims limit in your state, then you should consider hiring a lawyer to help you file your case.

One last thing - in some states, if you are not a licensed contractor and you do this kind of work, the courts will not help you when you don't get paid.

Answer 3

Lawyer; or the county clerk for a mechanic's lien and small claims court/civil action

Answer 4

You can put a "Mechanics lien" on his property. Get a lawyer.

Answer 5

If you were hired on contract, then he can't fire you for not showing up on any one particular day. He could only fire you if you failed to get the job done in the specified amount of time. Therefore your contract is still valid.

Here's what I would do (in order):

1) tell the owners the situation and inform them that you intend to put a lien on the house if they don't pay promptly.

2) I would consult a lawyer. Just get a free consultation, you don't have to hire them unless you end up needing a lawyer. Just ask them how you should proceed.

3) If they don't pay. Go to the city hall and register a lien against the property. I'm not sure exactly how to do this, but I've heard is as simple as filling out a form and paying a fee (around $50).

4) I'd take them to small claims court.  

Answer 6

Then it's still technically your garage, since you probably paid for all of the materials.  Tear it down.

Answer 7

Take him to court

he can not get a garage for free because you had car trouble

that's unjust enrichment

Answer 8

Put a lien on his house and take him to court; he is messing with you and trying to get away with not paying, go after him, you are in the drivers' seat all the way and he hasn't a leg to stand on.

Answer 9

Get a lawyer! They should at least owe you for work completed until the time of firing.