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Can I a subcontractor file a lien on a house?

I am a subcontractor that is working on a large project. I finished my work according to the contract given to me. I am only asking for the money that is owed to me according to the contract. This builder is adding more things to the project that are not on the contract and now he is refusing to pay me.

2 replies

May 13, 2020

Depending on the language of your contract, the general contractor may be within its rights to expand the scope of the work on a limited basis. Absent that specific language, the scope of work can only be increased by mutual agreement. In either case, an increased scope of work is not a basis to withhold payment to your company for work performed. Now, if the builder is arguing that this additional work is actually part of the original scope of work, that is different, and would be determined by the terms of the contract itself (and possibly by prior course of dealing, if any, or industry standard, if the contract itself is ambiguous as to the scope of work). Critically, if you are not being paid, you need to send the request notice letters in proper form and timely in order to preserve your lien rights. This is critical to your recovery should the project relationship between you and the builder break down further from here.

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May 15, 2020

Hello, A subcontractor can file a lien against a residence in certain circumstances. As a subcontractor, you are required to send the proper notices within the statutory deadlines. For residential projects, notice is required to be sent to the owner and prime contractor by the 15th day of the 2nd month following the month that work was performed and unpaid. Notice must also be sent to the owner by the 15th day of the 3rd month following the month the work was performed and unpaid. Here is a link to the lien timetables. All notices must be sent via certified mail. If after reading this you realize you have missed the deadlines, don’t be too discouraged. You can still file a lawsuit against the party who hired you, general contractor, 1st tier subcontractor, etc… Joseph Munoz Associate Attorney Tel: (210) 328-1645 JMunoz@TheCromeensLawFirm.com www.TheCromeensLawFirm.com Privileged Attorney-Client Communication and/or Attorney Work Product: The above message and attachments, if any, are confidential and may be protected by the attorney/client privilege and/or attorney work product. The unauthorized disclosure, use, dissemination or copying of this e-mail, or any information it contains, by anyone other than the intended recipient, is prohibited. If you are not the named recipient, or have otherwise received this communication in error, delete it immediately and notify the sender at the office number listed above or by return email.

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