Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS
I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease help. Thank you
A:
No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.
If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the contractor who installed it is non-responsive, you should contact the manufacturer of the system to request in-warranty service.
Realize that there may be a defect in the system itself, which would be the manufacturer's responsibility and not the HVAC contractor's responsibility. Of course, there may by a problem with the installation itself, which would be the contractor's responsibility. Or there may a problem with power supply for the system, which may have been caused by the fire and which may not have been readily detectable until the new HVAC system was installed. In that event, you might need the services of an electrician (a different trade than an HVAC installer) to repair or replace part of the electrical system in your home which likely would present a supplemental insurance claim (e.g. the GFCI, circuit breaker, or possibly some damaged wiring).
Teri A. Walter agrees with this answer
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