Dispute With Contractor Who Did Unauthorized Work & Now Demands Payment or Lien

New York, New York
General Real Estate Investing
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Dispute With Contractor Who Did Unauthorized Work & Now Demands Payment or Lien

Lincoln W Daniel
Investor · New York City, NY · Member since 2020 · 7 posts · 1 vote

(I have spoken to a seasoned lawyer who told me to tell the plumbing company to go "f themselves".)

Hi, I have a house in NYC that I rent out to a tenant. The tenant broke the kitchen sink garbage disposal, so I called a plumbing service to get a quote on fixing that. I explicitly told the plumber that I don't live at the property, my tenant would answer the door, and I would need them to call me directly at my number to give me a quote on fixing the garbage disposal unit before any work is to be done.

Instead, they went to my property and immediately got started on unclogging the sink. They did some work on the pipes, etc. I didn't ask for any of this. I just wanted the garbage disposal fixed, which they did not fix. They also never called me to give me a quote and get my approval to move forward.

They're talking about putting a lien on my property if I don't pay them nearly $1k. I could find a way to pay that, but I didn't ask them to do that work, and they didn't fix the issue I called about. Is this something I should be concerned about?

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Marc Winter
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
1y

@Lincoln W Daniel,

What do you have in writing?  Email, text, back of napkin?  

I'd use this case as an example of why we must get SOMETHING about the work and/or your directions in writing, upfront.  

This company, and every vendor you plan on hiring, should be searched in BBB and/or other reviews, AND check your Unified Judicial System portal to see how many times they have ended up in court.

You are right:  you found a seasoned lawyer!

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1y
    Quote from @Lincoln W Daniel:

    (I have spoken to a seasoned lawyer who told me to tell the plumbing company to go "f themselves".)

    Hi, I have a house in NYC that I rent out to a tenant. The tenant broke the kitchen sink garbage disposal, so I called a plumbing service to get a quote on fixing that. I explicitly told the plumber that I don't live at the property, my tenant would answer the door, and I would need them to call me directly at my number to give me a quote on fixing the garbage disposal unit before any work is to be done.

    Instead, they went to my property and immediately got started on unclogging the sink. They did some work on the pipes, etc. I didn't ask for any of this. I just wanted the garbage disposal fixed, which they did not fix. They also never called me to give me a quote and get my approval to move forward.

    They're talking about putting a lien on my property if I don't pay them nearly $1k. I could find a way to pay that, but I didn't ask them to do that work, and they didn't fix the issue I called about. Is this something I should be concerned about?


     I would agree with your attorney. 

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    • Lincoln W Daniel
      OP
      Investor · New York City, NY · Member since 2020 · 7 posts · 1 vote
      1y
      Quote from @Chris Seveney:
      Quote from @Lincoln W Daniel:

      (I have spoken to a seasoned lawyer who told me to tell the plumbing company to go "f themselves".)

      Hi, I have a house in NYC that I rent out to a tenant. The tenant broke the kitchen sink garbage disposal, so I called a plumbing service to get a quote on fixing that. I explicitly told the plumber that I don't live at the property, my tenant would answer the door, and I would need them to call me directly at my number to give me a quote on fixing the garbage disposal unit before any work is to be done.

      Instead, they went to my property and immediately got started on unclogging the sink. They did some work on the pipes, etc. I didn't ask for any of this. I just wanted the garbage disposal fixed, which they did not fix. They also never called me to give me a quote and get my approval to move forward.

      They're talking about putting a lien on my property if I don't pay them nearly $1k. I could find a way to pay that, but I didn't ask them to do that work, and they didn't fix the issue I called about. Is this something I should be concerned about?


       I would agree with your attorney. 


       Thanks for your thoughts, Chris.

      0Reply
  • Mohammed Rahman
    Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
    1y

    Yeah, this sounds like a classic case of unauthorized work, and honestly, you have a legit reason to push back. If you clearly told them not to start anything without your approval and they went ahead anyway—especially without fixing the actual problem you hired them for—that's on them.

    In NYC, contractors can file a mechanic’s lien, but just because they file one doesn’t mean it’s valid or will hold up if challenged. If you have proof (texts, emails, call logs) showing that you never approved the work, that helps your case big time. The fact that they didn’t fix what you actually called about makes their demand even weaker.

    If they do file a lien, you can dispute it in court, and if you win, they could be on the hook for your legal fees too. Doesn’t hurt to have your lawyer shoot them a cease-and-desist or demand letter either—sometimes that’s enough to scare them off.

    So yeah, annoying? For sure. But something to panic about? Not really—especially if you’ve got clear documentation.

    2Reply
    • Lincoln W Daniel
      OP
      Investor · New York City, NY · Member since 2020 · 7 posts · 1 vote
      1y
      Quote from @Mohammed Rahman:

      Yeah, this sounds like a classic case of unauthorized work, and honestly, you have a legit reason to push back. If you clearly told them not to start anything without your approval and they went ahead anyway—especially without fixing the actual problem you hired them for—that's on them.

      In NYC, contractors can file a mechanic’s lien, but just because they file one doesn’t mean it’s valid or will hold up if challenged. If you have proof (texts, emails, call logs) showing that you never approved the work, that helps your case big time. The fact that they didn’t fix what you actually called about makes their demand even weaker.

      If they do file a lien, you can dispute it in court, and if you win, they could be on the hook for your legal fees too. Doesn’t hurt to have your lawyer shoot them a cease-and-desist or demand letter either—sometimes that’s enough to scare them off.

      So yeah, annoying? For sure. But something to panic about? Not really—especially if you’ve got clear documentation.


      Thanks, Mohammed. That's very helpful to know. I was initially thinking restraining order, but it sounds like cease and desist is what I wanted. Yes, I have everything documented. Every interaction I had with their various team members. I just wanted to be sure they couldn't just move against my property with false claims. They also threatened collections against me personally. I'm willing to go to small claims court and fight it.

      0Reply
  • Marc Winter
    Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    1y

    @Lincoln W Daniel,

    What do you have in writing?  Email, text, back of napkin?  

    I'd use this case as an example of why we must get SOMETHING about the work and/or your directions in writing, upfront.  

    This company, and every vendor you plan on hiring, should be searched in BBB and/or other reviews, AND check your Unified Judicial System portal to see how many times they have ended up in court.

    You are right:  you found a seasoned lawyer!

    3Reply
    • Lincoln W Daniel
      OP
      Investor · New York City, NY · Member since 2020 · 7 posts · 1 vote
      1y
      Quote from @Marc Winter:

      @Lincoln W Daniel,

      What do you have in writing?  Email, text, back of napkin?  

      I'd use this case as an example of why we must get SOMETHING about the work and/or your directions in writing, upfront.  

      This company, and every vendor you plan on hiring, should be searched in BBB and/or other reviews, AND check your Unified Judicial System portal to see how many times they have ended up in court.

      You are right:  you found a seasoned lawyer!


       Hey Marc, thanks for that idea. I wasn't even aware that was available. 

      I have every call interaction with them recorded.

      0Reply
  • Marc Winter
    Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    1y

    One last item about recording: check your local and state laws concerning recording with or without disclosure and consent.

    I hear the groans.  It's just because of the litigious times we live in.  

    0Reply
    • Lincoln W Daniel
      OP
      Investor · New York City, NY · Member since 2020 · 7 posts · 1 vote
      1y
      Quote from @Marc Winter:

      One last item about recording: check your local and state laws concerning recording with or without disclosure and consent.

      I hear the groans.  It's just because of the litigious times we live in.  


       Yeah, that's a good point. I've checked.

      0Reply
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