I have had work done by a landscaper to cut trees chip the brush and remove the wood. The landscaper subcontracted the tree cutting work and I paid the landscaper a portion of the total cost so he could pay the subcontractor. The remainder of the balance was $1, 000 to be held back until the landscaper removed the wood and finished clearing the brush and chipping it. It's been over a month and he still hasn't completed the work. We have been texting back and forth and I've left phone messages and he still hasn't completed the work. He said he was going to show up yesterday and complete the job and he never showed up. So I told him that's it I'll get someone else to do the work and then I'm not paying him. He now says he's going to put a mechanic's lien against my property. Can he do that and does he have a case. We never signed a contract for the work however we do have an email stating what he would do and what he would charge. Am I in the right to not pay him the remainder?
Landscaping work tends to fall into the gray area with mechanics lien rights. But, if the property was permanently improved by the work done on the property, there's a good chance that mechanics lien rights will be available. What's more, it doesn't look like Rhode Island is a state where a written contract is necessary in order to file a lien claim. Granted, a series of emails could create a binding contract, regardless.
With that being said, lien claimants are generally only able to file their lien to the extent that the property is improved but not paid for. So, a lien claimant generally can't file valid and enforceable mechanics lien claim for amounts they haven't yet earned. Meaning, if all that's unpaid is the work that hasn't been performed, a lien claim likely wouldn't be enforceable. Still, it's possible the lien could find its way into the record. More on what to do with a lien threat, here: I Just Received a Mechanics Lien Threat – What Should I Do Now?
As for whether or not withholding payment was proper - that generally comes down to the agreement. If full payment was supposed to be made prior to completion, then withholding payment due to incomplete work might not be proper. But, if full payment isn't due until the work is fully performed, then it makes all the sense in the world that payment would be withheld. And, if the agreement is silent as to when payments must be made, it makes sense that final payment wouldn't be made until the work is fully complete.
With all of that being said, a payment dispute will likely cost time and money beyond what's owed on the contract, particularly if you'd have to fight a lien against the property. So, finding a way to continue forward - perhaps by negotiating payment terms or a payment plan for the remainder of the project - is probably a good idea.