Today I received a CRRR "Notice of the Right to Claim a Lien" from Pella Window Company. They list a contractor, the name of the people who hired the work done but have my address as the project site. They have xxx out the amout of the contract that will be a lien on my home and the guy signing the notice swears under penalty of purjury that the contents of the letter are true and correct. I do not know the other people or how my home address could be listed as the contract site. 1960's single pane type windows are installed on my home. The notice says "A lien may be claimed for all Material, labor etc., after a date that is eight days excluding weekends Before this notice was mailed to you. Would calling and telling them they have the wrong property be enough? Or should I call the contractor listed on the notice, since he would know where he installed the windows and they certainly were not installed on my house. Please any advice is welcome, thanks. Tuit
Maybe if they harass you enough you could file a suit and settle prior to court with Pella providing you all new and installed windows.
Yes lbrown59, it does take the cake...but I really need to know how I should respond to this, as I said it is an official notice and looks like they will file the lien within 4 days (eight days after the notice date, letter dated 2/11/02) so I don't have a lot of time. If you or anyone else has any suggestions I would really appreciate the help! Thanks Tuit
I would definitely contact the contractor as soon as possible to clear up the misunderstanding. Just tell them you were sent this letter, but you have never had any work performed on your house with them. Also, once the matter is cleared up get them to send a letter confirming that your address is not where work was performed and their will be no lien, against them, on your property. Dani
Andrew, this notice just came out of the blue. It is the first notice I have ever received and it looks like within four days they will put a lien on my home. I know this is crazy, but it is very serious and I would like to avoid the complications that will follow if they proceed with placing a lien on my home, even if it is their huge mistake! Any suggestions how to answer them? Thanks Tuit
Ok so the general advice is to contact Pella and the contractor, will do, wish me luck that they immediately admit to the error. Many thanks, Tuit
I wouldn't contact the contractor, I would contact the window company. The reason the lien is filed is that the contractor hasn't paid the bill, so he sounds flaky enough as it is. My hubby is a contractor. When the contractor doesn't pay the bill, the supplier files a lien on the property where the work was done. I'm wondering if the contractor isn't doing something illegal here. If the window supplier says that windows were charged or delivered to your address, contact the state contractor's board asap for help.
I would also contact your State Consumer Fraud Department as well since you say you have not had any windows installed. The contractor may have fraudently given your address to Pella to obtain windows on credit and then did not pay for them, that does not make you liable for the windows and they can help you with that. I would do nothing on the phone, document everything and let your Consumer Fraud Division sort out who is yanking who's chain. Something is definately fishy.
Nursie thanks for the reply, I was wondering if the contractor might not have paid his bill. I have not been able to locate his phone # yet but did call the number on the Lien Notice which turned out to be the co. supplying the windows and not the person sending the notice. At first she said they had no one there by that name and I said you don't have a financial assistant named xxxx? Turns out he is in Calif. and she didn't know why he put their Oregon number on the notice. She is going to call calif and I have to call her back in an hour. But I made it clear to her that they have the wrong property listed as the contract site and I have no idea who these people are. Hopefully they will find their mistake and that will be it. Thanks for letting me know about the Contractors board I will contact them and file a complaint if this isn't settled after I call her back. Again many thanks, Tuit
Rondaugh, I can only dream of Pella windows for my home someday..reality is, I look at old single pane aluminum ugly, ugly ones LOL I hope this gets cleared up I don't have time for this with all the rest that's going on right now. Tuit
OK just got off the phone with the lady, she said it was a clerical error and they would correct it. She couldn't or wouldn't tell me how they got my tax lot number since both my first and last name was misspelled and the first #on my address was dropped. But she said they would not file a lien on my property and would send me a letter stating they had sent the lien notice by mistake. Whew! I feel much better now! I have the Contractors Board and the State Attorney General's contact info and if I don't get the letter monday as promised I will file a complaint with both agencies. Many thanks everyone! Tuit
Good! Glad it worked out! That's too bad for the real homeowner. He's probably paid for the job & now has a lien. Chances are, he didn't do his homework before hiring that contractor.
nursie, there is a block of 7 houses on my little strip here. All but two have been bought up in the last 3-4 years and none resemble the original 50's 60's little ranches and bunglows they once were. Wealthy folks have bought them and turned them into ultra modern 2-story homes. I am glad my little ranch is tucked away from view as it no longer fits into this neighborhood! All of these people are currently off enjoying their Big Bus motorhomes (snowbirds) and I have a feeling that if the contractor ripped one of them off he is in for one big rude awakening! LOL In the meantime I have to scratch my head trying to figure out how to pay the escalating property taxes. Tuit
You don't have any PROTECTION when you have PROOF OF PAYMENT to the CONTRACTOR??? You had NO contract with the subs!!!
George.... nope. It's really not fair the way it works out, but it's the only protection the sub has. That's one reason to be sure your contractor is bonded (then this won't happen). If the supplier OR subcontractor don't get paid, the only 'equity' they can lien is the job. That way they're sure to get their money, even if eventually. It's great protection for the sub, but stinks for the homeowner. Of course, I'm sure that the contractor takes care of it before then. But this is why it's so important to check out your guy before you hire him. This would never happen with a reputable company.
You don't pay the contractor until you get receipts from his subs and suppliers that they have been paid in full.
