Insane contractor that won't take payment or give lien waiver

[Lane Forhetz]

Hello All,

I am in need of some assistance in figuring out this absurd issue. I had a plumbing contractor do some work for me and paid him 50% for 50% completion. He continued the work another 25% and didn't do a good job. He asked for the other 50% before the work was completed. I declined because the work was not done and asked for some things to be fixed. This set him off on a rageful tirade and began to harass me via phone calls and text messages. Seeing this and wanting to avoid further issues, I told him I would pay him in full but that I needed a lien waiver for payment, but he declined. 

He has now put a lien on my property for the 50% that hasn't been paid yet and still refuses to give me a lien waiver. I asked my title company if I can pay at closing to which they agreed but would still need a lien waiver. I communicated this with the contractor and he stated (in a text which I have) "You can't sell the house, I am good". In other words, he doesn't need the money and it's worth it to screw me.

I am hoping someone might have some insight into what I can do about this. I consulted an attorney and was told I would have legal recourse but it would take 6 months and cost a great deal. The amount is relatively small, $1,870. I can't afford to hold this house for 6 months, it should sell in the next 45 to 60 days (it's going on the market today).

I live in the state of Missouri and have filed a NOIS (Notice of Intended Sale).

Thank you for your assistance!

[Wayne Brooks]

Is there no vehicle for “bonding off the mechanics lien” there, as there is in most places.  Here, you’d have to post 110% of the lien amount in a trust account set up for this purpose or in a court registry, and the lien would be released from the property.

This is to prevent someone from doing just what you describe.  Ask a construction law attorney about this.