I am a subcontractor, hired by a GC to install a bluestone patio on a front porch. Product was installed November 2021 and billed at that time. The home owners were unhappy with some of the stones installed so the stone vendor was contacted and provided additional stones for replacement, this was completed this Spring 2022. A partial payment of $4k was made on a $12,500 contract amount. As of August 2022 I sent a letter of intent to lien the property after multiple calls to the GC about collection. After doing so, I was told by the GC the home owners have sold the house and payment hasn't been made. Do I continue to move forward with the lien if the home owners have moved or are there other ways to legally collect the amount I am due? I am told by the GC he will cover an additional $3500, but that would leave a $4k balance.
You mention that you are a subcontractor and, when pressed for payment, the General used the excuse that the Owners have moved. That is a red herring.
Since subcontractors and suppliers do not have a direct contractual relationship with the Owner, the Mechanics Lien Act imposes an additional burden for them to perfect their lien claims.
The subcontractor or supplier must serve the owner and owner’s lender with a 60–day notice of intent to lien single family, owner–occupied property, and a 90-day notice for other types of property.
As with a General Contractor, a subcontractor or supplier must file suit within 2 years of last supplying labor or materials to enforce its lien. Failure to do so renders the lien claim null and void.
Finally, even if the subcontractor or supplier fails to serve its notice, it can still enforce its lien claim - but only up to the amount listed the GC's sworn statement.
To put it all together, you appear to be way too late to enforce your mechanics lien claim against the property, but still have plenty of time to sue the General Cotnractor for failure to pay. In addition, note that a recent Illinois case makes the GC personally liable for failure to pay his subs and suppliers.
I hope this information was helpful. Best of luck.