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Dog-faced pony soldier
Join Date: Feb 2004
Location: A Rock Surrounded by a Whole lot of Water
Posts: 34,187
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A lien can be filed without a written contract. It is a simple matter to record one. If the guy has any integrity at all he'll assist you with getting someone else to finish up and waive his lien rights. I'd absolutely insist that he sign a release of lien rights if nothing else.
Of course if this is just some dude, he may not even be aware he HAS lien rights, so you might be empowering him to even have the conversation and mention it - your judgment on this. I'd probably err on the safe side and assume he knows what lien rights are and how to use them though.
When you find the next guy to finish the work, have them sign a contract stating (at a minimum) terms of payment, schedule, access rights, retainage and penalty for not finishing on time. You also might want to put some language in there about rejecting work.
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Black Cars Matter
Last edited by Porsche-O-Phile; 06-19-2010 at 10:46 AM..
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