Quote:
Originally Posted by DuffMan
So the guy could hire his brother in law for the job of sweeping up, he doesn't get paid and puts a lien on your house?
Doesn't make sense. I think subs hired by a gc are his responsibility, your contract is with the gc, what he does is his business.
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Not specific to the sweeping - but to actual improvements to the home.
The current process doesn't make sense to me either.
BTW what occurred to our property with the lien was in 2012....
I 100% agree with you the way it should work is:
the GC assets should have a lien put on by a Sub that is not paid by the GC - my own experience confirms this is not the way it is in reality.
As I mentioned previously - the Sub (flooring company) felt it was not paid in timely manner by the GC even though we as the home owners paid all invoices less the 10% withholding - and flooring work was still in process due to various GC & other Sub project delays and deficiency remediation being completed.
We ended up with the lien registered against our house at land titles.
Obviously this made my wife & I more than a little annoyed especially as we used flooring company before & were surprised at not knowing there was the issue they had with the GC.... as mentioned it got resolved, and I was provided the proof the lien was removed from my property.
Having this occur personally, I believe the way it should be is the contracting party (GC & SUB) - if a lien is needed - should go against the GC business/property - not the customer's home who can prove if they paid the GC.
And if it really is the homeowner at fault then the GC could put a lien on the homeowner they are contracted with if proven that payment did not occur from customer to the GC.
However, I'm sure there is precedence and other reasons why government decided to allow this process the way it is to aggravate the customer / property owner rather than ensuring all is responsibility of the GC.