Dorchester Center, MA asked in Contracts, Civil Litigation and Construction Law for Maryland

Q: I hired a window installation company to replace windows. Unbeknownst to me, they used subcontractors.

1. I would have never hired a company to subcontract. Can they do this if it wasn't in the contract?

2. The original window installation company continues to refuse to provide a lien release from the subcontractors. Again, and again.

Is there any way to force them to provide the lien release? They have sued me now, yet still refuse to provide it and refuse to finish the work.

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Construction Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: If the contract does not prohibit it, they can use subcontractors. Why do you need a lien release? Have they filed a lien? It is unlikely that a window replacement contract would be a large enough percentage of your property value to qualify for a mechanics lien. Why have they sued you? Not enough information to respond to that aspect of your case. If they get a judgment then they can turn the judgment into a lien on your property. Maybe it’s time to hire a lawyer to defend the lawsuit.

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