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Can a sub-contractor who was fired by the contractor file a lien against the owner?

We hired a designer from Missouri to install vinyl plank flooring in our home in Kansas, and now the subcontractor wants more money than what the contractor paid him. The sub-contractor threatened to place a lien on our property, if we, the owner of the property, don’t pay him what he wants. We have not yet received a bill from the sub-contractor, but we have received an invoice from the contractor for the remainder of the job. How is the sub-contractor allowed to practice extortion in this manner?

2 replies

Aug 5, 2020

Subcontractors cannot file mechanics lien claims for more than what they're owed. With that being said, it's extremely common for lien claims to be filed even when there's a dispute over the total amount owed to the claimant. After all, that's what liens are for - to resolve payment disputes. As far as lien rights go - yes, Kansas subcontractors are able to file lien claims if their customer doesn't pay them what they're owed. And, Kansas is generally considered a "full price lien" state. Meaning, often, subcontractors are able to file a mechanics lien even if their customer was fully paid. Note, though, that even if the subcontractor files a lien against your property - it's still very much your contractor's problem. § 60-1106 of the Kansas mechanics lien statute states that a contractor will have to defend their subcontractor's lien claim against the owner. So, making sure your contractor understands that and encouraging them to resolve the issue should go a long way. Finally, I think these articles will be useful: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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Nov 5, 2020

What are the laws in Pennsylvania ? The General Contractor has fired a subcontractor that they hired and the sun has threatened a lien against us ( homeowner ) in our remodel job .

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