Reply to Sub Contractor Threatening To Place Lien

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Yes, they can. [/quote]

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.[/quote]

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

The owner did not engage the subs. The GC did. The analogy works.[/quote]

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. [/quote]

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.[/quote]

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. [/quote]

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