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A mechanics lien on my home

PennsylvaniaMechanics Lien

Hello, Here is a series of events. Hired first contractor (Will) to rehab a house. First contractor did not finish job, payment plan with us, he could not finish the job and still owes us roughly 16,000. First contractor hired sub-contractor (Ron) to do the HVAC, however, he did not pay the sub contractor. We paid the first GC 12,000 to pay for the HVAC but never gave him (RON) the money. We found the sub-contractor and decided he could be the general contractor to finish the job. However, he was not working to our standards and was let go. Now, he wants 6000 grand for the equipment, HVAC. Am i Liable as an owner of the house to pay the 6000 grand back for the materials bought with the first GC? I

1 reply

Dec 7, 2021
Unfortunately, the answer is yes. The Pennsylvania, a subcontractor has the right to file s lien for labor and materials furnished in connection with an improvement even if the owner has paid the general contractor. In normal circumstances (unlike yours), the homeowner can withhold future payments from the general contractor to pay the subcontractor or force the general contractor to post bond. However, it sounds like in your case that the relationship with the general contractor is already broken and you have paid the general more than he is owed. As a result, your only recourse will to file a lawsuit against the general contractor.
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