Mechanics lien...really?

F

frankn88

New Member
Jun 15, 2009
95
Eastern Shore, MD
Boat Info
270 Sundancer 1994
Engines
5.7L Merc w/ Bravo II
Here's the story.
Called a mechanic a month ago to come replace bellows and bearing on my boat, at my home. He showed up on a Friday, worked for 2 hours (basically removed the drive and 2 out of 3 old bellows), said he needed a part (I had already bought all the parts, and I'm pretty sure they were all there), he had it at his shop, and he'd be back Monday morning. Monday lunchtime, no mechanic, so I called. He answered and said he'd cut his hand on a hose clamp (why was he working on someone else's boat when he was supposed to be at my place?) and was at the emergency clinic getting stitches. Said he'd be over that afternoon or tomorrow morning. Tuesday lunchtime, no mechanic. I call, he answers (or calls back, I forget) and says his hand is wrapped like a club, he'll send someone else to fix it. I say, that's OK, we can wait a couple days till you're better and you can come out. I had no idea how big or small his shop was, kind of thought I was doing him a favor plus wanted the same guy who started the job to finish it.
By Thursday, no mechanic, so I think I sent him a text message saying, "hope you're doing better, let me know when you can come finish." No reply. Friday, no mechanic, no message, called and left message, "Hope you're not in intensive care, give me a call please so we can figure out when you're coming back." No reply. Saturday, no mechanic, no message. You get the idea, I start calling about 2-3 times a day and leaving texts and messages, no reply. Finally Sunday afternoon around 1:30pm he answers and says, "I'm at church, can't talk, I'll call you later." Sunday goes by, no phone call. I daily leave more messages, I think Monday sometime he finally calls back and says he'll be there tomorrow. Tuesday it rains, he calls says, "if it quits raining, I'll be there, otherwise tomorrow morning." No mechanic Tuesday or Wednesday. Thursday I call, leave a message, he calls back, "I'll be there Saturday". "Really?" I say, "cause I've heard this before." Saturday comes and go, Sunday comes and go, Monday comes and go, more messages, more empty promises. Tuesday I leave a message, "I'm really pissed now, this is ridiculous..." He calls back, I read him the riot act and he says he'll be there "in a couple of days". I say, "That'd be great if I believed you, but I know we'll be having the same conversation on Thursday again." "No", he says, "we will NOT be having this conversation again." Thursday comes and go, no mechanic. Friday comes and go, Saturday (today) comes and go. So tonight I send him a text, "You're fired.", and in about 10 SECONDS he texts back, "That's fine, I'll send you a bill for my work so far." I write back, "Don't bother." He calls, I ignore it. He texts, "I'm putting a mechanic's lien on your boat Monday morning." REALLY????!!!

So, what's my case here? Any help. By the way, there is NO contract, NO paperwork, and I have not received ANY bill.
 
I'm not a lawyer but here is my2 cents. Hire real mechanic to complete job. Detail your dealings with this yoyo. He has nothing to stand on other than your messages. if he kept them. Git er done!
 
A mechanics lien takes time and money....He is bluffing!!!!! Just document everything just in case as stated above.......
 
Yes, he's bluffing. And this all sounds too familiar to me, but a different line of work. He screwed himself by not getting a contract.

If he decides to take you to court, save those texts. And write a timeline of everything that's transpired. Don't worry about it. This guy deserves anything you can throw back at him.
 
So here's the deal. I did a job for a sub contractor and he signed my work order. He did not pay after 30 days so I called him and he promised to pay but did not follow through. I knew the general contractor that subcontracted him so I lien the job site property using the signed work order as proof of work completed and the amount. You can do this in SC if you have the property site number and building permit number and can prove that the work was done on the site liened.

The general contractor I liened called me and was quite upset (I knew he would be). I told him he needed to pay his subs better because they could not pay me. Needless to say I received the money that same day and it was taken out of the subs draw. Never seen the sub on that job again. I was never refused on any of the generals sites. He knew is was just business and now make sure his subs are paying their debts while on his sites.

The whole point is that I could only do this with much documentation. I would text this guy back and tell him if attempts to lien you, you will use all the phone texting and messaging and file charges against him.
 
He can file a lien since he was hired by the owner directly without a Pre-lien. If he did not have a contract with you, a verbal agreement can be considered a binding contract. You will deny you had an agreement then he will argue that if you did not have an agreement why would he start working on the boat?

I am having an issue right now where I asked a mechanic to send someone to repair my clogged head line. They cleaned out 1/2 of it, got water to flow through it and called it good. The first day we tried the head, it backed up with a small piece of TP. I was invoiced $1,200 for a partial job that never worked. I am agreeing to pay to keep the hassle down but informed him that I will let everyone I know that Delta Marine Services is not to be trusted. All I asked him was to send his guy back to try and make it work and he turned it around saying I was asking for a credit. I will be making sure his business is impacted for not services his customers, not completing the work he was hired to do, charging full mechanic rate for the actual mechanic AND his helper, then not making the job right by at least completing the repair when asked.

The "repair" for $1,200 consisted of removing half of the 1 1/2" line, cleaning out the crusted deposits and putting the same hose back in. They did replace the duckbills but that's about it. When I tore into it to try and finish the job I found the line 100% clogged within a foot or two of where they worked on it. Additionally they cut the line and inserted a coupling which now stops anything other than water so I will need to replace the entire hose anyway!

Did I mention never use Delta Marine Services?
 
Here's the last text I got from him last evening, "Guess I will own a new sea ray over a couple of hundred dollars get it cleaned up for me old buddy 30 days it will be mine and I will sell it back to you cheap." He's a real gem... by the way, his name is Jordan (though his caller id says, "Terry Taylor"), and his shop is on Kent Island or Stevensville, MD, FYI to any others in the area. By the way, my original post probably only documents half the times he actually said, "I'll be there tomorrow."
In light of his threatening messages, I've decided that since he knows where I live, and I have a family and business here, it's not worth the money to risk him making a little late night "vengeance run" over here to do something that could potentially cost me a lot more than $200. He certainly seems capable of it...
 
Like in my area, word of his reputation will travel fast and he'll soon be out of business. What a loser!
 
Start making him installment payments of $20 a month. He will be pissed and will not be able to file a legal lien since you are making a good faith effort to pay him.
 
Guess I will own a new sea ray over a couple of hundred dollars get it cleaned up for me old buddy 30 days it will be mine and I will sell it back to you cheap
Click to expand...
WOW !!! what a dickhead scumbag he is being. :smt021.

I'd grab him by his throat for pulling that crap on me. :smt014.
 
I would send him a written e-mail indicatiing that if a lien is attached and filed, you will bring him to small claims court for "All Damages" incurred by you! I would not pay him a dime if what you have written is true! Princple! Principle! Principle! Unless you are selling the boat in the next 3-4 months, play his stupid game and take hime to small claims if he files.......Just my $1.00 of advice!
 
Tell him to "have at it", you know how to file a counter-suit!
 
Thanks for the advice everyone. I was pretty certain he didn't have much of a case. I hate to roll over and I'm all about the "principle" of it, but when it comes down to the fact that this guy seems like the type who would exact his revenge anyway he can, and probably cost me a hell of a lot more than his bill will be, as much as I hate to do it, I'll just pay him. But it certainly won't stop me from letting everyone I know around here with a boat to stay the hell away from him. Thanks again.
Peter
 
I would file a small claims suit against him before he files a lien. First blood rule. Then hire someone else to finish the work before the court date. then in court for damages, place the new bill against what he owes. A verbal agreement works both ways. The suit would be unfair business practice. my 2 cents
 
I take it that he actually sent a bill?

Hard to see how he can make much progress without taking that step.

I can see the point of not wanting a hassle however. I had an electrical problem last year that cost me $100 for nothing. Fortunately, the relationship blew up before they did any real work/damage my home.
 
a lien can be bonded so that the property is un-incumbered and then he can't take your boat. Once the lien has been bonded, he would have to sue you to "perfect" the lien and collect the money. It is up to you whether you want to pay him or not (just to make it go away) but you could handle it that way too. He might change his tune if you bond over the lien
 
I assume you want to end the relationship. Trying to sue him for damages would be hard unless there are some, are there any? I would send him a certified letter(Cc your attorney) with a summary of that which has brought you to this point. It's not necessary to list every item on it(make sure you save all communications for future use). After your numerous attempts during the last month to get him to complete the job, due to the lack of performance and culminating with his threats, it's over. Offer to pay him a good faith amount based on hours worked and end it. Let him know his actions or lack of have created the situation and your moving on. You can do that you know, and so does he. I've found this approach shows you're willing to be fair but also have some limits, he would be a fool to pursue it any further.
 
I would have loved to see this one on court TV. After my shoulder surgury I bacamer a fan.
 
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