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Can a contractor put a lien on my house?

I recently incurred some significant damage in a hail storm. We hired a contractor, and they, in turn, hired different subcontractors for the various parts of the house that had been damaged. During the removal of the gutters, the fascia board was damaged and broken into two pieces. All other work was done satisfactorily. I requested that fascia board be completely replaced, rather than repaired. I was assured that it could be repaired to the point that it would look “as good as new”. It wasn’t, so I one again asked that they replace it.

In the mean time, I had received the settlement from the insurance company. I signed the check, and asked my wife to deposit it. Yesterday, I found out she had not done so, so I made the deposit. Bank says because of the large amount, the check might not clear for 5–7 business days.

So, the contractor wants me to write a check for the amount due, realizing that the check will not clear for at least a week. He has mentioned the possibility of a lien, and has also stated that he will not perform the repairs until he is paid.

My response is that I have had bad experiences writing post-dated checks in the past, so I do not want to do that. I also want my repairs completely performed before I pay.

Do you feel I am justified in refusing to write a post-dated check?

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