It depends....in my state (Iowa) the laws protect the homeowner, provided it is "owner occupied" during the the course of the work. In order for the sub to collect, he would need to have given specific legal notice - in very specific language - to me prior to starting the work. Lacking that action, I as homeowner am not liable. He can file the lien, but it cannot be perfected (collected). It may cost some $$ to have your attorney get it removed, but depending on the amount that may be less expensive than paying the sub for work you've already paid your (dishonest) general contractor to do. Unfortunately I have first hand knowledge of this situation. May 2008
Do you mean a contractor? Normally a contractor will hire a subcontractor to perform a portion of the entire scope of work. An example is that a general contractor will hire an electrician to install the wiring in a house.
No
Not likely. There is no privity of contract between the homeowner and the subcontractor. The homeowner had an agreement with the general contractor, and that's the only person they have a duty to pay. The subcontractor can only pursue payment from the general contractor - to put a lien on the home would be to punish an innocent party - the homeowner. This is between the subcontractor and the general contractor, and there's no reason to bring the homeowner into this, since the homeowner doesn't owe the subcontractor anything.
Yes. It is important to get original lien waivers each time you pay your contractor (do not give a check in exchange for a promise of a waiver). A waiver is a receipt of your payment and it is legal documentation that your contractor has paid the subcontractor or supplier. The waiver prevents the contractor and subcontractor from from liening your property for that amount of the payment on that subcontract. Partial lien waivers should detail the type of work done, the name and address of the subcontractor, the total amount of the subcontract, the amount paid to date, the amount of the current payment made, and the balance to be paid. At the end of the project, it is equally important to get final waivers of lien, as well.
Yes--but the lawsuit would be for payment only, and not for foreclosure, since the grace period for the lien has expired. You may be able to get a prejudgment attachment against the house, so see a construction law or real estate attorney quickly to protect your rights.
When the general contractor makes a threat to a homeowner, about selling all the homeowners personal property, that the contractors have in storage. And the contractor has not finished the repairs on the homeowner's house. Can the contractor sell their property?
If the contractor has already finished the work you can not legally hold back his money. What on earth would you be holding it for anyway? Most states in the U.S do not require a contractor to be insured so you would have no legal grounds and are subject to suit by the contractor. If your upset that he didn't have insurance, You were supposed to check that before you hired the contractor in the first place. Holding the contractors money after the job is completed just looks like your trying to cheat the contractor out of his pay. If the contractor wants to, he can sue you and or place a lien on your house if you fail to pay.
The possessive form for the noun contractor is contractor's. Examples: The contractor's tools were at my house. I am going to the contractor's building tomorrow to discuss the cost.
Hafeez Contractor
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Like any other house depending on the designer and contractor.
State agencies usually can help one to get a contractor. However, there are some websites that could help, too. To name a few, try Hiring A Contractor and Need Contractor.