I hired a landscaping company last year to do a lot of work: repaving our driveway, rebuilding retaining walls, removing trees, and planting. Although the job took 11 months, the quality of the work was good and I was pleased with it. However, about a month after completion, I received a call from the asphalt subcontractor saying he hadn't been paid and might place a lien on my property if he didn't get paid. After some investigation, I learned the contractor had fired all staff and locked up the business, leaving several subcontractors unpaid. I'm worried that they can indeed file liens against my property, even though I've paid the contractor in full. What are my rights in this situation?
3 Answers
Totally depends on your state laws, but generally, yes, subs can file liens even if you paid the general contractor. It's a real mess. You might feel stuck, but definitely consult with a lawyer to see about your options and how to handle the potential liens before things escalate.
Yes, and just like you, I’m baffled that homeowners can be left exposed like this.
You definitely need to consult a lawyer ASAP! This kind of situation happens a lot, unfortunately. Even if you're all paid up with the contractor, subs can still place liens on your property. The laws vary by state, but usually, if you benefited from the work, they can go after you. Your best bet is to pursue the contractor legally and also check if they had a bond that could help in this situation.
It does sound unfair, but that’s why it’s super important to get a lien release from subs when you make final payments.
That really sucks! I can't believe this is legal. I would have thought the subs had to go after the contractor, not you.
I just handled something similar. The subs can definitely file liens depending on your state's laws, even though you’ve paid the contractor. Make sure to document everything. If there’s any possibility of a lien, you'll want to act quickly. And next time, get lien waivers from subs before releasing any final payments; it's a good safety net.
Yeah, it’s frustrating that homeowners often don’t know about these protections. I learned the hard way too!
Exactly! It's such a helpful tip to protect yourself in these situations.
It's wild that this is a thing! I can't imagine having to deal with that.