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What happens when a subcontractor puts a lien on your house because the contractor has not paid them but you have paid the contractor in full?
Wiki User
∙ 15y ago
In California, if a sub-contractor is not paid, no matter WHO hired them,
they can place a mechanic's lien on the property where the work was performed.
That's why in California, you should always either write your check payable to
your contractor AND the sub-contractor. That way, they both must go to the bank to
cash it. And/or get a signed release from your general contractor at the end of the
job (and withhold final payment until he does so) that all of his subs were paid.
If the mechanics lien has already been filed, he has 90 days in California to "perfect"
the lien. This means that he has to follow up the lien with a lawsuit to foreclose the
lien. If he doesn't, you can easily get the lien released. I've been through this, and my tactic was to just wait out the 90 days - ie. don't remind him he has to file. Once the
90 days is up, he can't refile the lien and start over - he's missed his opportunity.
(He can still sue you though..)
There are also other requirements in California, such as a required 20 day notice before
the lien is filed, etc.
Wiki User
∙ 14y ago
Wiki User
∙ 15y agoIt 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
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Can a subcontractor provide a clear scope of work for their subcontractor?
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.
Can I file criminal charges against my contractor for taking my money and not paying his subcontractor who then filed a lien on my house?
No
Can a subcontractor for termite treatment on a Hollywood Florida home put a lien on the house when the contractor was paid in full but will not pay the subcontractor?
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.
Can a general contractor put a lien on your house?
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.
Can a subcontractor sue a contractor for nonpayment if the grace period for a mechanics lien has expired and the contractor is closing on the house in 2 weeks?
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.
What happens when the contractor starts thereting the homeowner that they are going to sell the homeowners personal property that the contractor put in storage?
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?
Can you hold back money if a subcontractor doesnt have insurance?
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.
What is the possessive form of the word contractor?
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.
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Hafeez Contractor
How can I locate a reliable contractor to add a home addition to my house?
If you are looking for information on how can you locate a reliable contractor to add a home addition to your house, the best place to look for the information is on www.servicemagic.com
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