Legal Question in Construction Law in Nebraska

Construction Lein

I am a sub-contractor. The general has filed a lein on the property as the homeowner has refused final payment. If I also file against the property for my portion of the work (which by the way is not in despute) do I forfiet my rights to be a part of the general's suit? Can I still sue the general if the homeowner does not pay? My bill is only $650 so I cannot afford to hire lawyers to collect this and after talking to the homeowner I don't think just filing the lein will make him pay before he settles with the general. What is my best option to get paid ASAP - I'm paying interest on the materials!!!

Asked on 7/31/07, 12:58 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Construction Lein

Part of the answer depends on the agreement between you and the general contractor and whether it is written or oral. Another factor is how much work do you get from the general? Is it worth losing any more work from him to get $650 now? Have you talked with the general contractor to ask him when he intends to pay you? Simply placing a lien against the property is not likely to get you paid any quicker; unless owner tries to sell the property, in which case they will usually pay the liens rather than fight them so they can transfer clear title. Cheapest course of action is to file a small claims action against both general and homeowner; let the judge decide who pays you. This will probably prevent you from receiving anymore work from the general though.

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Answered on 7/31/07, 1:14 pm

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