Q: I did some concrete work for a contractor and he says the home owner is refusing to pay. How do I get my money ?
Contractor says I need to file a lien on the homeowner but I’m not sure who is responsible when generally I’d be paid by the contractor.
A:
Dear Unpaid Subcontractor: Your options for getting paid are two-fold: (A) a breach of contract claim against the General Contractor and/or (B) a mechanic's lien processing against the Homeowner. Clearly, you are not "required" to pursue the Homeowner (as intimated by the GC) because you have a contractual recourse against the G.C. (you hadn't mentioned if you have a written or oral contract with the G.C., and you're entitled to a claim for breach either way but written contracts outline potential other basis of recovery such as interest and fees; regardless you may pursue a breach of contract claim against the G.C. Further, and importantly as it pertains to the Mechanic's Lien process: this route is only available against the Homeowner if you had properly served out a "Preliminary Lien Notice" within twenty days of first installing your work, and if that process was not undertaken you will NOT have available the option #B above and instead your recourse is limited to the option #A above. Lastly, understand that depending upon the charged amount for the work you performed, you should consider filing a Small Claims action against the G.C. for your breach of contract pursuit, rather than the more sophisticated state courts (Superior Court, for example).
JIM GREER is an attorney licensed to practice in CA and CO and has specialized in construction matters for the past 34 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 858.481.9006
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
