a general contractor perfect a lien against an owner. a subcontractor notifies the owner that the general contractor still owes the subcontractor for work performed on the owner's project. the owner has not yet paid the general contractor, in this situation 1. the subcontractor may be paid directly by the owner? 2. the subcontractor is not due any money? 3. only general contractor can perfect a lien against the owner? 4. the subcontractor must perfect a lien against the contractor? can someone help me with this please.
I will try and answer your general questions in order:
1. The sub is not likely to be paid directly by the owner because the Owner is now on notice of the lien and at risk of paying twice (once to sub and once on lien) should they do so. 2. The subcontractor is still owed money and assuming the deadline has not passed to record a lien can record its independent lien. The sub also has rights against the General Contractor under what I hope is a written contract. 3. Not true, see answer to 2. 4. Sub does not have to record an independent lien, but has the right to do so.