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Old 05-21-2009, 09:48 AM   #1
sirex
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having a lean put on your house...



So we had a contractor do alot of the work in our house. through him we got a plumber to do some roughin work.

We payed the contractor and completed our end of the contractual agreement with the contractor. Payed him, everything is signed, etc, we have all the paper work.

Contractor goes out of business. The plumber that was working on our house didn't get payed for some of the final work from the contractor. So now there is threat of a lean being put on our house.

This is a little retarded because A)we never dealt with the plumber payment period, that was all through the contractor. B) all our contractual obligations with the contractor are done and we payed and everything cleared.

So how exactly would a lean on my property be relevant? Wouldn't the plumber need to fight the contractor in court/ etc. I mean even if the contractor is broke how exactly does a lean get put on my property because of this??

Anyway if someone knows these contractual laws/ bullshit, etc, Im all ears.
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Old 05-21-2009, 10:25 AM   #2
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I'm no lawyer but since you only dealt with the contractor and the contractor employed/subed his plumbing work to someone else, the plumber would have to go after the contractor and not you since you didn't have a contract with the plumber.
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Old 05-21-2009, 10:28 AM   #3
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I'm not a legal expert, but unless you and the plumber had an arrangement for you to pay him, this isn't your problem and they can't place a lean on your home.
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Old 05-21-2009, 10:34 AM   #4
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you can tell the plumber to go **** himself....he can't do anything to you, go after the contractor...
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Old 05-21-2009, 10:35 AM   #5
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^^Edzachary i believe the plumber would need a contract with you to place a lien on the house.
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Old 05-21-2009, 10:40 AM   #6
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Actually in most cases that contractor would be able to put a lean on your house BUT when something like that is done within 60-90 days the contractor has to prove to court why the lean is there, amounts etc. so in many cases they never get to that part and the court would then just remove the lean.

It might now make much sense but imagine I hire you to do some work on my friends house, you do the work, I get the money to give it to you but never do...your work is still done, that house has a new paint, bathroom (whatever) so you can put a lean on the house.
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Old 05-21-2009, 11:09 AM   #7
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Actually in most cases that contractor would be able to put a lean on your house BUT when something like that is done within 60-90 days the contractor has to prove to court why the lean is there, amounts etc. so in many cases they never get to that part and the court would then just remove the lean.

It might now make much sense but imagine I hire you to do some work on my friends house, you do the work, I get the money to give it to you but never do...your work is still done, that house has a new paint, bathroom (whatever) so you can put a lean on the house.
You are correct. A contractor can put a lean on a house if he had done work on the house that was approved by the owner even if no direct relationship is established between the two parties. However the contractor has the onus of proving that he was not paid for his services. That lean will be removed if the contractor fails to do so. Again, the purpose of a lean is that it prevents you from having the ability to sell the house. There is no direct consequence of the lean so long as the mortgage is being paid. In the current situation the contract can put a lean on the house, however based on what was stated that lean will be abolished as you have the paperwork to prove that you have paid for the services rendered by the plumber. Make sure that on the receipt/invoice/work-order it specifically includes the plumbing work in the total and that you have that exact amount paid. I hope that there is a clear paper trail. The government is not eager on creating a scrapbook out of your receipts and invoices. But on a final note, if what you say is correct, you have no reason to worry. If you plan on selling the house in the near future you should ensure that the lean gets removed ASAP. Other than that, just chill till the smoke blows over. This type of stuff happens a lot as many contractors love cycling and taking money that is not rightfully theirs. My recommendation is that you get read up on the subject some more so that if you are required to take action personally you will know where to go, what to do and who to talk to.

Best of luck!
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Old 05-21-2009, 11:24 AM   #8
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oh ya we have a very good paper trail, everything is written down word for word what was expected and at what level of completion money would be payed, etc. Im not too worried, its just a pain in the ass to have to deal with that stuff.
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Old 05-21-2009, 01:40 PM   #9
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I should call up Webster and ask how many people does it take to misspell the same word before it's added to the language...
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Old 05-21-2009, 02:28 PM   #10
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I should call up Webster and ask how many people does it take to misspell the same word before it's added to the language...
LOL BigD.

So ya, tell me you went through a licensed contractor that would protect you against the LIEN.

I used to be a Project Manager on multi-million dollar building expansions and it's quite common at that level for big dollar douchebaggery. We had LaFarge Cement after us once for like $900K months after we paid the GC. They had no case, bill was paid.
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Old 05-22-2009, 12:08 AM   #11
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I should call up Webster and ask how many people does it take to misspell the same word before it's added to the language...
thanks for your input. I guess the D in big D stands for big deuchebag.
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Old 05-22-2009, 12:15 AM   #12
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thanks for your input. I guess the D in big D stands for big deuchebag.
Douchebag.
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Old 05-22-2009, 12:17 AM   #13
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fale!
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Old 05-22-2009, 12:40 AM   #14
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its so common these days contractors sub contracting out and when its time to pay the trades hes bankrupt.I use to know a clerk that works at the licensing dept at city hall until she was transfer to a inspection dept and every fricking day you have a poor guy/gal wanting to find out if so and so has a trade license since they skip out of town with the deposit or they dont show up to finish the job and if the home owner threatens them they counter with a threat of a lien if they cancel the job and dont pay them the balance owing.Do your homework and hire the experience crews with references.They are desperate for work so you can talk them down to a fair price.
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Old 05-22-2009, 12:52 AM   #15
sirex
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if they do put a lien on your house, what exactly does that mean.. if u already have a mortgage, etc, and dont plan on selling? does it like collect interest.?
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