I am a homeowner and i hired a contractor to change the sidings in my house. The job was completed and he was paid off in full. He subcontracted the painting job and has not paid the painter. Now the painter is filing lien on my property. The contractor is behaving irresponsibly on this issue. Please advise how to resolve the situation.
2 Answers from Attorneys
Unfortunately in this case you lose. You must pay the painter and your remedy is to sue the contractor, who likely has no money. NEVER pay a contractor in full until you have signed proof from each sub that they have been paid in full. In not doing that, you made a huge and expensive mistake.
Paying the general is a defense to a suit to foreclose a lien, but that is something that could happen down the road and the lien is on your property in the meantime. You are going to have to hire an attorney to go after the general contractor and deal with the lien issue, as these types of liens have very technical defenses and time requirements that, if missed, can cause serious harm.
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