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Criminal charges for a sub for providing fraudulent waiver to GC to get paid in full when he has not paid the supplier?

VirginiaLien Waivers
Anonymous Material Supplier

I have a subcontractor that signed a final and unconditional lien release for payment on a job where he did not pay for materials. We are the supplier and can not go after the GC or Owner as they already have a release from him and have paid him in full. We are still within our lien rights for the full amount. Other than civilly going after him do we have a criminal action we can push? This guy has done this before and while we would like the money we would rather have him charged. What do you think? Mark.clifton@freedommaterials.com

1 reply

Apr 6, 2022

With the caveat that I am not a criminal law attorney, I would think that if this is a pattern, it would be worth exploring fraud with a local Commonwealth Attorney.

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