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I am the home owner, the contractor poured a deck and I paid him he did not pay the concrete supplier

the contractor and I have had text arguments over the supplier not being paid and over him doing some additional work to finish the deck which I have now finished. the money involved is about $3015 I have contacted the supplier and put them on notice that I think he has not paid them and wont but I have not heard back from the supplier. my guess I will receive a lein notice. I withheld some of the contractors equipment when he would not finish the work a 200 dollar saw. can I file a lien on his personal property if he does not pay the supplier

1 reply

May 6, 2020

Owners will never be entitled to file mechanics liens against their contractor. I don't believe some other type of lien right will exist against a non-paying contractor, either. So, I'd be careful about withholding the contractor's possessions, even if they do owe you money. But, that doesn't mean an owner won't have recourse against their contractor. Legal claims will certainly be available to an owner if they have to pay twice or are otherwise injured by the sub's payment claims - so the contractor isn't off the hook. And, sending a demand letter to the contractor requiring that they resolve the dispute or else face legal actions could force them to do the right thing and pay what's owed. And, having that written by an attorney will provide some extra "umph." Or, at least consulting an Oklahoma construction attorney could help to avoid the situation getting worse. Reaching out to the supplier again to try and reach some middle ground or to at least try and include both the supplier and the contractor in the payment discussion might be a good idea when trying to avoid a lien claim against your property. Additionally, these resources might help: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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