Quote:
Originally Posted by You Need a Thneed
There are ways around that though.
In the commercial world, contractors give statutory declarations - which is a oath said before a commissioner of oaths given saying that they have paid their subcontractors and suppliers in full. We should not pay out holdback or any invoice after the first until we have a signed stat dec in hand.
In this scenario, I'd talk to a lawyer. Depending on how small the amount is, maybe you just want to pay them directly. Perhaps putting the money in trust with a lawyer might keep the lien off.
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I just spoke with a lawyer, he seemed very knowledgeable. The glass guy sent me an email this morning clearly stating it has been over 60 days since end of the job, and attached an invoice date in April.
He said right there is a very good case that he has no right to place the lien. He can try and lie on the affidavit, but when it gets to court I can show the email and it will be thrown out. Plus he may face a penalty for filing a false affidavit, plus reimbursement of my legal fees.
I feel like I have a strong case, and agree that he needs to follow up with the GC for payment, not me. If he wants to lie and be a jerk fine, but I am done with the extortion and dirty tactics by these flood reno guys. This isn't the first that has tried it with me.