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Not paid for job

My husband worked as a sub subcontractor. He did not get paid for the work that was given and was fired for stating that he will finish the job but then go his separate way. Was not allowed back on site to finish up work and now is being sued for uncompleted work, plus being sued for fraud on taking out an attempt to lien and breach of contract. We are at a loss because we cannot afford an attorney. Any information would be greatly appreciated (We do have everything in Text message that was said between my husband and the employer)

1 reply

Feb 24, 2020

First, if a sub-subcontractor was fired from a job, and if they couldn't finish the project as a result, then that same sub-sub can't be held accountable for failing to finish the work. While a customer might threaten to sue, or while they may end up actually pursuing that legal claim, that'd seemingly be a losing battle on their part since they were the one who caused the sub to leave the job. Further, Tennessee mechanics lien rights can't be waived in the contract by a "No Lien Clause" or otherwise. So, the act of pursuing a mechanics lien, in and of itself, generally won't result in a breach of contract in Tennessee. Even if the actual terms of the construction contract state that no liens can be filed, those specific terms will typically be unenforceable. Though, if some terms of the agreement were breached, then breach of contract claims for those terms may well be on the table. Further yet, if there's a debt owed for construction work performed, then a claimant pursuing a mechanics lien generally won't give rise to fraud claims. If there's some flaw with the claim, then that could certainly render the lien claim invalid and unenforceable - and, in some situations, may give rise to damages. But, there's a difference between fraud and an honest mistake.

It's common for a customer to threaten legal claims in response to a mechanics lien

Customers, owners, GCs, etc. all respond negatively to mechanics lien filings. And, it's extremely common for them to threaten lawsuits when a claim is threatened or actually filed as a knee-jerk reaction. But, just because a lien or threat of lien is challenged doesn't mean the claimant doesn't have a legitimate claim. With that being said, it's possible they might still pursue claims. And, if their claims are bogus, then it'd be incredibly helpful to amass documentation that shows their claims aren't legitimate. So, copies of text messages, voicemails, emails, etc. that show the customer has been acting unreasonably or even illegally would be valuable. Finally, if legal claims have actually been filed, then it'd be wise to get an attorney. Attorneys can be costly, but the risk of not having an attorney would likely be even costlier. And, it's possible that a Tennessee legal aid organization might be able to provide some help or relief.

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