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.
A subcontractor can turn to Construction or mechanics lien law in order to secure payment. By being lien law compliant, meeting specific requirements such as preliminary notices and within time restrictions, a subcontractor can withhold payments to the primary contractor or lien the property. Lien laws are state specific and you should check your state's statutes for the requirements and restrictions. Property owners can protect themselves from these liens by requesting waivers or releases from all subcontracts and the primary contractor for each payment as well as a Contractor's Affidavit at the end of the job in exchange for the final payment.
If you were the person doing the job, it is more likely that he could sue you for not informing him you had no 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.
Did you pay the contractor? If not, he had the right to lien your property. If you want to sue the contractor, you need to be able to prove that he did not finish the job. For example, if he put an addition on your house and did not roof it, you need to show in the contract where it states the work included roofing the addition.
No, not unless the HO was negligable. The contractor should have insurance for his ow protection. But then again, we are a sue happy liberal society
My brother had solar installed on his new roof and the company subcontractor destroyed his new roof. Can he sue the subcontractor?This happened in Missouri.
Depends on the state. Lien laws vary greatly from state to state.
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.
general district court
NO.
If the general contractor refuses to pay, you must sue the contractor for payment. You may also sue his bonding company, if he has one. If your dispute exceeds small claims, see a real estate attorney right away.