Hire the lawyer first before doing things you can't take back. In a legal matter assume that anything you do can be used against you later. Being right is good but it will not necessarily protect you in a fight.

Did your attorney review that website and okay it? I would be surprised if your answer is yes.

From your website it appears you have chosen to enter into a personal feud with your contractor in a DIY manner rather than settle your differences through legal channels with the help of a lawyer (it's a bit late to bring one in now). This is an unwise choice in my opinion because I have found that when everyone gets mad, everyone gets hurt. I wish you luck.

Unless the lien is causing a problem with your financing or the sale of the property, etc., assuming the claim is truly bogus, the contractor is unlikely to file a foreclosure action within the required time limit and you can then petition to have the property released from the lien. If you are successful you can even recover a certain amount of your attorney fees.

If you cannot wait you could put up a bond (usually 150% of the lien amount) or challenge the accuracy of the lien value, etc.

All of these actions should be planned and initiated by a lawyer. When you are in trouble there is nothing quite like have a good lawyer willing to do anything to protect your interests. It's almost worth the cost just to watch.

mightyanvil & dixiedoodle, 4 different attorneys (the one we hired, a couple we interviewed and another representing someone else in a suit against Western Wall Systems) have all said as long as the website represents the truth, there's no problem. The website statements are backed by photos and documentation and I'm sure if Western Wall Systems could have figured out a way to make the website disappear, I would have heard from them or their attorney by now.

mightyanvil, I have only posted the website SIX months after trying to work things out with Western Wall Systems, which I feel is ample time to discover whether a contractor can figure out if they want to finish the job for final payment or not. There was no use for us to hire an attorney before the lien, which we had found out about just prior to searching for legal representation. So I don't think it's too late to bring in an attorney now because we have one. It's unfortunate to be forced into spending money on an attorney simply because a contractor chose to abandon a job and file a lien for work he didn't even do...but I guess that's one of the loopholes in the system.

The way things have progressed now, with our interior walls cracking and coming apart at the seams throughout the house and the contractor not even acknowledging our notice, we are now going after HIM because the cost to repair this problem (plus the cost to finish the job that they never finished and make the repairs to their poor workmanship) is about 5 times the lien amount.

We have full confidence in the attorney we hired and although we don't foresee anything but a favorable outcome, it will come at a great expense. Attorney fees, time lost (we all know how long legal battles take), the headache of re-doing all the sheet rock on a finished house (can't imagine living there while that's being done, plus all the re-painting, re-installing light fixtures and appliances, making sure the cabinets don't get damaged, etc.)...and at the end, a possibility that Western Wall Systems goes out business and files bankruptcy to escape any possible judgment against them?

I don't see us being "winners" even if we win the case, but there aren't very many other options...pay Western Wall Systems ~$50k for work they didn't do, then pay someone else ~$250k to fix Western Wall Systems problems and still be inconvenienced by the time it will take for all the repairs? I think NOT...so this will be our first lawsuit.

Here is a link that might be useful: WesternWallSystems.com

We do have a general contractor, but he hasn't had success in getting this resolved through his communication with Western Wall Systems verbally and in writing. I guess our attorney will eventually discover if he did his due diligence as the general contractor or not...I really don't know myself as to which actions he should have taken in this situation. Without getting further advice, I think he probably did all he can do in his capacity...he can't "force" anyone to finish the job, so what else can he do besides talk to them and write letters?

Here is a link that might be useful: WesternWallSystems.com

If you're having that many problems with the drywall already, you might want to get an engineer to look at your foundation. Sounds like your house is settling wayyy too much.

No, robin0919, the foundation is fine, perfectly fine. The house is not settling, those cracks are at the tape joints and the seams coming apart at the tape joints are due to the fact that Western Wall Systems incorrectly used a light weight topping joint compound for ALL drywall applications. It's my understanding that it should only have used as a topper, and that a heavier weight product should have been used for taping. I don't believe there is a "one product does all" for installing and finishing sheetrock.

Our general contractor even cut open a wall to verify what's happened, so it is definitely a result of Western Wall Systems workmanship, not a foundation issue. In fact, if you look at the website's photo gallery (the photos on the last row), you can see what I mean about the seams coming apart...that has nothing to do with settling, either.

Thank you for your feedback, though. :)

Here is a link that might be useful: WesternWallSystems.com

If you have a general contractor why aren't you forcing him to fulfill his contract? When you sue you will probably sue both the GC and the sub. After all, you should have a contract with the GC rather than with the sub. None of this make sense to me so I'll leave you alone.

Well, the sub sued us personally (and not the GC), so that's why we are counter-suing him. We have a contract with the GC, but no contract with the sub. The sub sent us a contract and it did not include the GC, so of course it was never signed. They never sent a contract correctly drawn up with the GC's name, so that is why there is no signed contract.

I don't see any sense in any of this either, believe me...but simply put, we do not pay for work not completed and if we are sued personally, we have no choice but to defend ourselves. As far as suits go, we fully entrust our attorney to do whatever is in our best interest.

Here is a link that might be useful: WesternWallSystems.com

Sorry, but that website is NOT in your best interest, and I do not believe that any attorney, yet alone 4 separate ones, endorsed that website. They would be opening up not only you, but themselves, to further litigation...that is not in anyone's best interest.

dixiedoodle, it is your prerogative to believe what you want...but I have no reason to lie and find nothing wrong with posting the truth, whether it be on GW, WesternWallSystems.com or any other website.

Here is a link that might be useful: WesternWallSystems.com

lelani, I am so sorry to hear all this bad news. I cannot offer any legal or personal advice on this matter. I can only tell you I'm praying for a speedy outcome to this mess.

The worst thing we've had to deal with, and only because DH did most of the work, is the painter we hired. DH had to go back and repaint 2 rooms and on some seams he's had to refloat also.

That's why we cringe whenever we have to entrust anyone to do work for us. You can't trust anyone.

Thanks for your support, brutuses! :) Glad to hear you guys only had a little paint problem...hope all continues to go well and you'll be happy living in your home for many peaceful years! I'm leaving our future in the hands of a higher power, as I feel pretty helpless myself right now.

Just curious......why did the GC walk off in the first place?

The GC never walked off the job. Sorry for any misunderstanding, but I don't recall ever writing that.

Vineyard,

You hired the GC to watch the job and manage the flow of money...to mitigate problems such as these. The GC is ultimately to blame for not overseeing the work while the sub was on the site. While I can appreciate your desire to go after the sub, make sure you are also holding the GC accountable since your contract is with him directly.

I can appreciate your anger but the website will not help your case if this goes before a judge. It looks like slander and your 8+ reviews online make your reaction seem disproportionally hysterical.

You've documented it well- the attorney will work out the details. Have someone else fix the drywall (you may have already done this) and enjoy all the wine you're going to be making!

Thanks for your input, mdev. I will follow the advice of our attorney, as that is the job we hired him to do.

As far as the website, I am well of aware of the definition of slander and I have not crossed any lines in that respect. All I did was put the facts (verifiable by documentation), photos and video online for the public to see. Anyone who does an online search for "western wall systems" will surely come across my testimonial and then it is up to them to decide if that is a company they want to do business with or not.

If you think a website and "8+ reviews online make your reaction seem disproportionally hysterical" then maybe a ~$300,000 dispute is just pennies to you. Unfortunately for me, that is waaaaay too much money to let go so easily without a second thought! Do you know how many bottles of wine you could buy with $300,000??? ;p

Here is a link that might be useful: WesternWallSystems.com

I don't know how much wine you could buy, but I know how many strays I could spay/neuter and take care of with that amount of money. LOL

I'm confused then. 'Why' did the GC stop work on the house and then bill you for full amount?? That makes no sense at all. Was the GC actually having the house built or was s/he just managing it because you are O/B?? Did something come between you and GC?
Something seems missing here.........

brutuses, you sure could do a lot with that money and our four-legged friends, I agree!

robin0919, maybe this will help clear up your confusion:

GC = Blue Oak Builders

Sub/Contractor = Western Wall Systems (aka Bay Foam, aka BayStone Group), the drywall/stucco/masonry subcontractor

GC did not walk off the job. Nothing happened between us and the GC. We are not O/B, the GC is responsible and having a GC was a requirement by the bank.

Contractor walked off the job. I don't know why. I wish I knew why that contractor would leave the job before it's complete and then file a lien as if he completed the job. You say it makes no sense at all. I say it makes no sense at all. At least we agree on that.

This was when we saw the first signs of trouble, as written on WesternWallSystems.com:

As of July 26, 2008 we paid WWS a total of $153,365.00 and were current on all payments. However, when we requested a meeting with Tim Ritter to discuss quality concerns about the project on August 6, 2008, he was a no-call, no-show.

Maybe after all the re-work was done to correct some of their previous mistakes (for instance, re-applying the brown coat on the entire house because they put a rough coat instead of a smooth coat the first time around) they figured there wasn't enough profit to finish the job? Is that why once they received payment on 7/26/08, the owner of Western Wall Systems had the audacity to be a no-call, no-show to an appointment with us and the GC 11 days later on 8/6/08? I have no idea, this is purely an assumption on my part in an attempt to try figure out why.

Maybe they're taking our $150,000+ and filing a frivolous lien in an unethical attempt to force us to pay "just to clear the lien" so we can close escrow. I'm sure someone somewhere probably paid off a lien, even if they didn't think it was legitimate, just so that they could close escrow. Sounds like a loophole in the system that allows unethical contractors to extort money from homeowners...

Here is a link that might be useful: WesternWallSystems.com

I added this letter written by our GC to the home page at WesternWallSystems.com. Even though the Tim Ritter at Western Wall Systems never did respond to the GC (and it's been a month)...what do you think about the letter? If the sub doesn't respond to the GC, what happens then?

"Feb 27, 2009

To: Mr. Timothy Ritter

Western Wall Systems

20273 Mack Street

Hayward, Ca. 94545

Dear Mr. Ritter,

I'm writing this letter to request a resolution to the issues that have arisen in regards to Western Wall Systems' work on the Souza Residence at ______________. New defects have shown up in the drywall worked performed by your company, specifically, the cracking at the tape joints in multiple places in the ceilings and walls throughout the house and garages. It is important for you to investigate this issue and make corrections promptly.

Throughout this project, we have worked repeatedly with Western Wall and its employees to bring up problem areas as they become apparent in the drywall process and encourage the quality that is expected of a house of this caliber built in the Ruby Hill Estates. Upon Western Wall Systems leaving the job incomplete and without fully resolving the issues that existed at the time, along with these new developments, I would hope we could make arraignments to meet at the site to assess the issues and come up with a plan to correct the defects and deliver a drywall product to the homeowner that he expected from Western Wall at the start.

I'm available at anytime to meet and help design a resolution that can put these issues to rest.

Sincerely;

John Spraggins

Blue Oak Builders Inc.

7024 Corte Del Oro

Pleasanton, Ca. 94566"

Here is a link that might be useful: WesternWallSystems.com

The letter is fine and it clearly seeks a resolution- but it is also a giant CYA move.