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Contractor won't give me lien waiver until after work is done

I hired a contractor to do some concrete work and tuckpointing. The job is unsatisfactory and I found out later that they used subcontractors for everything. They are refusing to refund and can't guarantee they can fix the issues. When I asked the foreman if they used subcontractors he said no but later the owner admitted they did. I asked for a waiver of lien and they refused until the work is done and after I pay the remaining 50% balance. This is in Illinois.

1 reply

May 12, 2020

Hello! A contractor does not have to provide a lien waiver until they are paid, and they ought not get paid until the work is done. As to using "subcontractors" that's not necessarily improper - it just depends on what the contract says (sometimes the person "selling the job" is functioning as a general contractor, and sometimes they hire employees, who for tax purposes are 1099s - they would call themselves subcontractors in that instance, but it doesn't mean they are not regular "crew" for the person who hired them. The term SUBCONTRACTOR in construction then, can have more than one meaning.

Certainly an attorney can review the situation and provide guidance more specifically.

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