Home>Levelset Community>Legal Help>We finished a project and general contractor did not pay us the final payment. Can they ask me to sign a lien waiver?

We finished a project and general contractor did not pay us the final payment. Can they ask me to sign a lien waiver?

Since sept 20 our final day the general contractor ask us for estimate on tile later a few days the chef estimator call me and ask if I would do it for thousand less I agree time came to install tile .in the mean time the super on job didn't surface concrete and it was very corse in some places 1/2 others 3/4 he said just install it with more mud. not common practice to us or any one in construction .after installing first few tile the super walk on our work not set yet with his people causing movement and poor quality looks blaming us for his actions .this went on with everything we did he made the calls to close up walls drywall when I knew the other trade were not ready causing to tare drywall back out at our cost when he and his company cause this damage on the tile floor walls ceilings we have proof and the subs and trades are willing to testify

1 reply

Oct 17, 2018

I'm very sorry to hear that - it sounds like an unfair situation, and everyone deserves to be paid what they're owed. I think I found the previous question which you were referring to, which you can see here. As mentioned in that answer, while failing to send preliminary notice can be fatal to lien rights, there are still other options for recovery. Sending a Notice of Intent to Lien is one option. Essentially, it acts like an official threat of lien. It says that if payment isn't made a lien will be filed. Because mechanics liens are so powerful, the threat of lien can still help recover payment even when a valid lien filing might not be possible. zlien has a free, downloadable copy of that form here: Notice of Intent to Lien. Other options may be available as well. Sometimes sending a demand letter for payment can be helpful, especially when sent through an attorney and asserting specific legal threats (such as breach of contract, unjust enrichment, or prompt payment laws, potentially). However, if hiring an attorney does become necessary, it will be important to find a construction attorney in your area who can help advise you on your rights and how best to move forward. Avvo, Justia, and Lawyers.com all provide helpful resources on finding construction attorneys in California if you need to hire an attorney, and other online searches can be helpful as well. Good luck! I hope you and your workers are able to get what you're earned!

0 people found this helpful

Helpful