Summary
Courtney Mitchell from Arkansas signed a contract with Elite Exteriors for roof replacement due to hail damage. Despite multiple insurance checks being issued, the company has not started the work. Courtney wants to terminate the contract, but the company threatens to file a lien. The contract does not specify a timeline for completion or terms for cancellation. In Arkansas, a contractor can file a lien if they have a valid contract and havent been paid, but it may be disputable if no work has been done. Its advisable to communicate contract termination in writing.Full Conversation
In July * I had a roofing company come to my home and provide me an estimate on hail damage roof replacement. I signed an agreement that stated I would allow them to contact my insurance company and perform the work. They contacted my insurance company multiple times had multiple checks issued to us. Here I am October, still no roof. I am beyond done waiting on them and their rude employees. I want to fire them and go with another company. NO work has been performed on my home and NO money has been exchanged. They are threatening to file a lien against the contract if I don’t let them perform the job. Help. Can they legally do this?
Did the agreement you signed with the roofing company include a timeline for the completion of the work?
no
What does the agreement say about cancellation or termination of the contract?
nothing at all
What state are you located in? This will help me provide accurate information about your legal rights and options.
arkansas
What is the name of the roofing company? This will help me provide you with more specific information.
In Arkansas, a contractor can file a lien if they have a valid contract and haven't been paid. However, if no work has been done, it may be disputable.
Elite Exteriors
What is the exact amount that the insurance company has issued in checks for the roofing work?
One second
What is the total amount that the insurance company has issued in checks for the roofing work?
$*,*.*
What is the date of the last check issued by the insurance company?
*/*/*
What is the date you signed the agreement with Elite Exteriors?
In Arkansas, a contractor can file a lien if:
- They have a valid contract
- They haven't been paid
- They have started the work
Pulaski County Circuit Court: * W Markham St, Little Rock, AR *, (*) *-*.
they have NOT started work
What is the date you signed the agreement with Elite Exteriors?
*/*/*
Have you communicated your dissatisfaction and intent to terminate the contract to Elite Exteriors in writing?
In Arkansas, it's advisable to communicate contract termination in writing. Pulaski County Circuit Court: * W Markham St, Little Rock, AR *, (*) *-*.
no
It's advisable to communicate your intent to terminate the contract in writing. This can serve as evidence if needed.
can they file the lien without work performed?
In Arkansas, a contractor generally cannot file a lien without having performed any work. However, the specifics of your contract may affect this.
like what?
what specifics?