Our new home in Aiken, SC The General Contractor is requesting a full & final payment. We have discovered that: • The painting contractor has not been paid. • We have not been notified of any Preliminary notice or Mechanics Liens. If we: • pay General Contractor in full • receive an Unconditional Waiver of Lien and Contractors Final Release from the General Contractor If the General Contractor does not to pay the painting contractor can the subcontractor lien our new home even though we have paid General Contractor in full & received an Unconditional Waiver of Lien and Contractors Final Release from him? Thanks
Materialmen have a statutory right to file a mechanics' lien so, yes, a subcontractor can file a lien against your home even though you paid General Contractor in full & received an Unconditional Waiver of Lien and Contractors Final Release from him.
That said, without having received a Notice of Furnishing and without making payments after you were on notice of the lien, you would have a "payment defense" to the subcontractor's claim.