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I am a general contractor, i tried to pay my sub contractor…

Customer Question
I am a general...

I am a general contractor, i tried to pay my sub contractor and he did not accept my payment because he thought i owed him more. He is now treating my clients with his attorney? what options do i take

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Idaho

Lawyer's Assistant: Has anything been filed or reported?

No just letters sent

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I've just never been in this situation before

Submitted: 6 months ago.Category: Legal
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Answered in 3 minutes by:
1/7/2018
Lawyer: Barrister, Attorney replied 6 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,558
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

,

When was the last time the sub performed any work on the property?

.

Do you have any type of written contract with the sub stating how much you are paying him for his work?

.

Is he threatening to sue or lien the customer's home?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
HE IS ONE OF MY ROOFING SUBS AND THE LAST TIME HE DID WORK FOR ME WAS DEC 9TH. YES I HAVE A SIGNED COPY OF WHAT I PAY AND AS HIS INVOICES CAME IN THEY DID NOT MATCH WHAT WAS DELIVERED SO I CALLED HIM AND WROTE OUT WHAT I WAS PAYING FOR AND HE TOLD ME THAT IF MY CHECKS DID NOT MATCH HIS INVOICES HE WOULD TAKE FURTHER ACTION.
Customer reply replied 6 months ago
IVE USED HIM FOR YEARS AND WE HAVE NEVER HAD A PROBLEM LIKE THIS...
Lawyer: Barrister, Attorney replied 6 months ago

Ok, then under Idaho law, he would have up to 90 days from the last furnishing of materials or labor to file a mechanic's lien on the property. He would then have to file suit to foreclose on that lien within 6 months or it would expire.

.

So he can legally drag the homeowner into this dispute between the two of you if he files a lien. But if he is breaking your contract, you can sue him for breach of contract and the homeowner can sue him for "slander on title" if he is filing a false lien.

.

But at this point, if he hasn't filed a lien yet, then your recourse is to try to negotiate a resolution with him providing proof of his actual expenses/costs and you trying to settle up with him if he can prove it..

.

.

thanks

Barrister

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Customer reply replied 6 months ago
THANK YOU
Lawyer: Barrister, Attorney replied 6 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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