Expert: Jeffrey-Peter Hauck - 4/22/2008

Question
I live in New Jersey and I’m being harassed by a contractor who performed some remolding work at the home I live in (my parents own my house).  Here is my story.

My fiancé had a so-called friend do some work at my house.  We purchased all of the materials and supplies needed. The basics of the work to be performed is as follows: remove and replace existing backdoor and storm door including trim; remove and replace vinyl floor in kitchen and foyer including trim; remove existing Formica and install wayne’s coating in kitchen including trim (sand, stain & polyurethane).  His friend told us that he wanted payment once each job was completed (1st job – Doors – labor cost $400; 2nd job – floors and walls – labor cost $1,000 - $1,100).  So the work began.  On the second day he asked for some money.  My fiancé gave him $150.  The next day while at Home Depot we were asked to purchase a nail gun and compressor since the one he has didn’t work ($299 plus $39.99 warranty and 7% tax) The cost of these items was to be taken off of the cost for him to install the floor and wayne’s coating. On the fourth day the door were installed but the trim on the outside and inside still needed to be sanded and the sheet rock next to the light switch needed to be fixed however he insisted that he get paid because he wanted to move onto the work in to kitchen and that he would finish the trim after he completed the other work. So we paid him the balance of $250. Work began on the kitchen floor and walls on the following day. During the next couple of days his work ethic was extremely slow and at the end of each day he insisted on receiving money – which we gave him.  He finally installed the new vinyl floor in the kitchen and installed the wayne’s coating.  At this time we purchased a total of $475 in tools and had given him $200 in cash for his work in the kitchen.  His work in the kitchen was very poor.  The floor was uneven, the vinyl was not straight and the trim was not cut correctly nor was it stained before he installed it around the room.  When he came back the next morning and I told him that we were not happy with the work he has done in the kitchen and that he still did not finish the door.  I gave him an additional $300 in cash and the receipt for the nail gun/compressor so he could register the warranty (I made a copy of the receipt).  He was a little annoyed but I thanked him for his time and he left.  That day I went in the basement to put together all of the materials and supplies for the remaining work that my fiancé and I were going to complete and realized that he took everything except for the trim and stain.

I paid him in full for the installation of the door ($400), purchased $475 in tools for him which was to be credited against the work to be performed in the kitchen and foyer, and paid him $500 in cash for the work he did do in the kitchen (a total of $975 for the kitchen).  I have all of the receipts for the material/supplies purchased.

Evidently, he was extremely annoyed over what occurred, tracked down where my parents lived and tried harassing them for money.  He told my mother that he was going to put a lien on the house.  Later that day he told me that he was going to damage my property including my vehicles. He then had his girlfriend call my fiancé’s mother telling her that he homeowners association had called him about work that was to be done to her home.  I then found a hand full of screws in the turn around section of my driveway.  My fiancé called him and asked him why he was doing this.  He proceeded to insult my fiancé and of course my fiancé told him that if he doesn’t stop harassing me, my family and his family he was going to hurt him.  Needless to say I contacted the police that night to file a report.  While the police were at my house taking the report, the contractor went to the police station and told them that my fiancé threatened to kill him.  The contractor filed a complaint against my fiancé.

After all of this occurred I got a visit from the ASPCA the next day.  They received an anonymous phone call stating that I have 10 animals which I keep outside and they are being neglected and abused.  I told the ASPCA that I was being harassed by a contractor and apologized that they were called.  Upon their inspection my 4 animals (I do not have 10) are being well taken care of.  And today I received a visit from the Building Code Inspector who also received an anonymous call stated a header was not installed above the door.  I informed the inspector that I am being harassed by the contractor who installed the door along with the header. I showed him the door as well as the scrap wood that was used to make the header.

I am filing a harassment complaint against the contractor and so is my fiancé’s mother.  My parents do not want to file a complaint – they just want to be left alone. However my mother will testify if needed.

I have never had any dealings with the police, courts, complaints, etc.  Here are my questions:

Can the contractor put a lien on the house even though he was paid for the work that he did?  I took pictures of the work to show that it is incomplete I also have all of the receipts for the materials and supplies.

What is going to happen to my fiancé since the contractor filed a complaint against him? And what does my fiancé need to do?

Can I state in my complaint of harassment against the contractor that he contacted the ASPCA and the township building code inspector with false allegations?

Can I do anything about the materials/supplies the contractor took?

I am afraid that this type of harassment (false allegations) will continue.  What happens if he calls DYFS?

FYI - the contractor is also being investigated for drug use.  He also has a straining order against him and lost custody of his kids for abuse. Not sure if this will help.

Any comments are appreciated.  Thank you for your time and I look forward to hearing from you.


Answer
Nevaeh,

I understand your situation and here is my response:

1. A contractor cannot file for a "mechanic's lien" against your property simply because he was paid for his services.  If you withheld payment that would be a different story.  

2. You and your fiance should contact your local police department and tell them the same story that your told me here; namely that you and your fiance are being retaliated against by the contractor.  Be sure to bring all photographs and receipts that you have including records of any money withdrawals to prove you paid in cash.  It might be helpful to telephone the police department first and request an appointment for an interview with a detective or investigator.  If that cannot be done get your information to a patrol officer as soon as possible so he or she can file a report on your behalf.  Documentation is valuable so if you and your fiance can provide written and signed statements as to the facts (as you have done here) you will make it easier for the police to understand your position and take action on your behalf.          

3. Yes.

4. Yes.  In this instance the contractor can be questioned by the police about taking the materials as a matter of theft by unlawful taking.  It might not pay to file a civil suit at your local judge or magistrate's office for recovery of the materials if the value is under $500 considering the time and money to prepare for it.

5. Document any suspicious contact from government agencies and officers.  Have a copy of the initial police report that was generated by the officer of record when you first reported this incident available for inspection by any agency or officer who contacts you.  Understand that it is a crime to maliciously engage in the act of reporting false facts and incidents to these agencies and organizations and most likely the person who did so can be prosecuted by the local police.

6. The fact that this contractor has a "checkered past" will help you in the fact that he probably is well known to the local and surrounding police agencies.  You need to check with your local County officials and police to see what you must do to file an order of protection or restraint against this individual.  Remember to keep all evidence such as the nails in the road and turn them over to the police after you record the act in your own paperwork.  Hopefully you can resolve this without anyone being hurt.  

Best of luck to you.

JP