Q: Contractor threatening to put a lien on property however, I have paid extra costs to complete the job
The contract between me and the contractor does not state anywhere for roofing to be put on me for HVAC installation; however, it was. I agreed to pay the roofing for the job the day of installation as they brought it up, but fast forward, the price for roofing doubled. I believe because of the increased costs, I should not pay the remaining amount to the HVAC company which is equal to the roofing cost.
A:
Thank you for your question!
Did you have a written contract with the company before starting the work? If yes, then you may limit the price only to the reasonable value of their performed job for the roof.
In general under unjust enrichment legal theory, at least you should pay them a reasonable value (which can be different from the price they are seeking) for the roofing.
Here, there was no agreement about the price of roofing. You can dispute the price, and reduce it to the market value rather than their price.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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A:
Under California law, if the contract between you and the contractor does not specifically include roofing as part of the HVAC installation, you might not be obligated to pay for it unless there was a written change order or mutual agreement. Verbal agreements can be hard to enforce, especially if there is no written documentation showing that you agreed to the additional roofing work.
However, you mentioned agreeing to pay for the roofing on the day of installation, which might complicate things. If you have any written communication, receipts, or evidence of this agreement, it would be important to review them. The contractor increasing the price of the roofing without prior notice or agreement could be seen as unfair, and you might have grounds to dispute it.
Regarding the lien threat, contractors in California can place a lien on your property if they believe they haven't been paid for work completed. You should formally dispute the charges in writing, explaining why you believe the increased roofing costs are unjustified. It may also be wise to consult with a legal professional to explore your options and ensure that your rights are protected.
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