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Do i get waiver of lien from contractor or subcontractor

my decorator(contractor) hired a tile person (subcontractor) to work in my house. They both had an argument and the contractor fired the subcontractor. I (homeowner) just received a "Claim of Lien" from the subcontractor. I live in Florida. I understand that I should get a waiver of lien but don't know if i get it from contractor or sub contractor. I contracted and paid the contractor

1 reply

Nov 11, 2021

In theory, the owner should require the contractor to provide releases of lien from the contractor and all subs before making any payments. The owner shouldn't pay the general contractor without literally getting releases in hand, making sure all subs who have given a notice to owner are accounted for, and the payments add up. As a practical matter, that probably doesn't happen much. At this point the question is going to be: 1) did the sub who liened the job send you a notice to owner timely? 2) why didn't the GC pay the sub, and can you assert that as a defense to the lien claim, 3) do you have a contract that requires the GC to indemnify you from liens (and if so, make that demand), and 4) was the lien filed and served within 90 days of last performance?

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