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Lucy, Esq.
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Experience:  Lawyer
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My business installed a new parking lot. We paid the contractor

Resolved Question:

My business installed a new parking lot. We paid the contractor in full. He did not pay a subcontractor and they put a lien on my business property. What can we do?
Submitted: 11 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 11 months ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.

Legally, a subcontractor is able to place a lien on property where he has performed work and not been paid, even if the contractor has paid. The owner's recourse is usually to pay the subcontractor and sue the general contractor for a refund (since he is supposed to pay the subcontractors from the money you give him).

Where there is a dispute as to the quality of the work, you also have the option to sue the company for the cost of repairing the damaged areas, or ask the judge to find that you owe a lesser amount than what the lien is for - and that would allow the general contractor to pay them. Before doing that, you may want to get a couple estimates for the cost of having the paving fixed, and try to see if it is possible to negotiate a deal where they either fix the problem or accept lower payment so you can have it fixed.

If they want to take the property, they have to file suit against you to foreclose the lien, and you would then have the opportunity to defend on the basis that the work was not done properly. It would help to have something in writing from the general contractor.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19518
Experience: Lawyer
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