Sub Contractor Threatening To Place Lien

[Anonymous]

From a contractor: Long story short they can and every time I've ever been part of a project that went down this road it has snowballed. OP, you need to have along discussion with your builder and research if they have any other litigation pending from subs/ suppliers.

[Anonymous]

Anonymous wrote:

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.

The owner did not engage the subs. The GC did. The analogy works.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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.

The owner did not engage the subs. The GC did. The analogy works.

The problem is this. You cannot stand by and allow someone to perform work on your property and then refuse to pay them. So if your Nextdoor’s neighbor hired someone to repave their driveway and the contractor mistakenly came to your house and instead of letting them know you didn’t hire them you sit at your kitchen table drinking coffee and watching them work, you will be on the hook to pay.

OP’s situation sucks. She needs a lawyer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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.

The owner did not engage the subs. The GC did. The analogy works.

The problem is this. You cannot stand by and allow someone to perform work on your property and then refuse to pay them. So if your Nextdoor’s neighbor hired someone to repave their driveway and the contractor mistakenly came to your house and instead of letting them know you didn’t hire them you sit at your kitchen table drinking coffee and watching them work, you will be on the hook to pay.

OP’s situation sucks. She needs a lawyer.

OP didn't stand by and watch them. Presumably OP found out the GC took down a wall they shouldn't have and told them to fix it. GC subbed it out with telling OP and apparently didn't pay them. Now the sub has filed a lien.

It has zero chance of succeeding. They didn't hire them, there is no contract, scope of work, agreement, deposit, nada.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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.

The owner did not engage the subs. The GC did. The analogy works.

The problem is this. You cannot stand by and allow someone to perform work on your property and then refuse to pay them. So if your Nextdoor’s neighbor hired someone to repave their driveway and the contractor mistakenly came to your house and instead of letting them know you didn’t hire them you sit at your kitchen table drinking coffee and watching them work, you will be on the hook to pay.

OP’s situation sucks. She needs a lawyer.

OP didn't stand by and watch them. Presumably OP found out the GC took down a wall they shouldn't have and told them to fix it. GC subbed it out with telling OP and apparently didn't pay them. Now the sub has filed a lien.

It has zero chance of succeeding. They didn't hire them, there is no contract, scope of work, agreement, deposit, nada.

I don’t know if it has a chance of succeeding - too few facts known here. And no lawyer is ever going to make the guarantee that you are.

But what I can say for certain is that this will be a big mess for her and most likely expensive. The lien can be filed - there is no way to prevent that. Then OP has to deal with it.

Personally, I would be proactive here. Lawyer up. Figure out a cause of action against the GC. Put yourself in a place to negotiate and also a place where you might be dealing with the GC’s insurer. And I would not just be hoping this will turn out well.

[Anonymous]

The contractor took revenge on OP for being asked to correct their mistake by not paying the sub, knowing the sub would then come after OP.

OP, you're probably not going to get anything from the contractor, who orchestrated this. You need a lawyer.

[Anonymous]

Sounds like a false lien.

If you are in VA, be glad. It's a felony to file a false lien.

Swear out a warrant at the courthouse/Sheriff's office.

The sub will drop it faster than a hornets nest.

[Anonymous]

Furthermore to PP's point about Virginia. Two big things:

1. The lien has to be placed within 90 days of the last time the sub did work at the house.
2. The work has to be performed "at the request of the owner" per SS 43-33.

So if this was all done before the 4th of July and there is no proof the owner asked the sub for the work, then it is dead in the water.

It's irrelevant if the GC was acting as the owner's agent, as unscrupulous subs will contend, because the statute clearly states the request HAS to come from the owner.

[Anonymous]

Anonymous wrote: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?

Tell them to settle with the builder not you.
Tell them if they put a lien on you, that you will file a lien against them.