Sub Contractor Threatening To Place Lien

[Anonymous]

Because our builder didn't pay him.

Can they even do that?

Builder demoed a wall that was clearly shown as not to be touched in the plans. When we pointed this out to the builder, they promised to put it back, so they did. The subs who did put it back claim they never got paid and are threatening to put a lien n our house. We didn't even order the work, the builder did.

What do I do?

[Anonymous]

Yes, they can.

[Anonymous]

Get an attorney and remind them their contract was with the contractor and you paid the contractor so they need to sue the contractor. But, yes they can.

[Anonymous]

Yes they can. We had to fire a builder and we got proof of payment/lien releases from all subs.

Pay the sub and take it out of the builder's payment.

[Anonymous]

Anonymous wrote:Yes, they can.

No they can't. You can't be billed for something you never asked for. I can't just paint my neighbor's porch and then put a lien on their house when they don't pay my demands.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes, they can.

No they can't. You can't be billed for something you never asked for. I can't just paint my neighbor's porch and then put a lien on their house when they don't pay my demands.

Actually they can. Whether it will be valid is an entirely different question.

OP’s situation is a mess. Hopefully there is something In Writing about fixing the problem. She might benefit from a consult with a lawyer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes, they can.

No they can't. You can't be billed for something you never asked for. I can't just paint my neighbor's porch and then put a lien on their house when they don't pay my demands.

You need to read up on mechanic's liens. It is a remedy for subcontractors (not just the general contractors) who were engaged in good faith.
https://tish.law/blog/understanding-mechanics-liens-a-guide-for-contractors-and-homeowners/#:~:text=What%20is%20a%20Mechanic's%20Lien,subsequent%20purchasers%20or%20mortgage%20lenders.

[Anonymous]

If it were me, I would get a lawyer to help me for this kind of issue. In principle, a sub can place a lien on one's house id the general contractor did not pay them.

[Anonymous]

Your defense is that you did pay. You paid the general contractor. You did not have a contract with the subcontractor.

[Anonymous]

Did the subs knock down the wall, causing the original problem? Why won't the contractor pay them?

[Anonymous]

We had this happen in VA with a supposed good GC. He didn’t pay all of his subs. It was a mess bc yes we could show that we paid him for the invoices that included the sub charges but he said that’s not how he allocated his payment. It’s been a nightmare with huge legal expenses. We got rid of the GC when we realized how awful he was, but we ended up having to double pay some of the subs to get the work done. The legal expenses have been very high. No one wants to come in and finish a half done job so it’s been a nightmare

[Anonymous]

This is why you use construction loans. They deal with the bank not you in terms of payments.

[Anonymous]

Fortunately, most contractors can barely spell their name so the chances of them prevailing on this are..... nil.

[Anonymous]

Anonymous wrote:Your defense is that you did pay. You paid the general contractor. You did not have a contract with the subcontractor.

Here’s the thing. She didn’t actually pay for this work. The work was to fix a mistake and the GC was supposed to eat the cost. This is not a straight up situation where OP paid for a job and the GC hired subs that were stiffed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes, they can.

No they can't. You can't be billed for something you never asked for. I can't just paint my neighbor's porch and then put a lien on their house when they don't pay my demands.

If the subs broke into OP’s house to do the work this analogy makes sense. Otherwise it’s really dumb.