A sub filed a NTO due to not being paid for a drywall job that we had to call another sub in to refinish. We do not owe them money due to someone else having to redo this job. What are our options, other than negotiating an amount to pay them to clear the NTO?
Andy unfortunately missed the point of the question. The questioner is obviously the GC who is trying to get paid by the owner, but the owner is insisting on a lien waiver from a subcontractor who served NTO but is not owed any money. Not surprisingly, the sub who served NTO does not agree and is demanding payment the GC feels is not owed. Unfortunately there is no mechanism in the lien law to quickly and cheaply resolve this situation. Your options are: (1) pay the sub whatever "ransom" amount you can negotiate to obtain a final waiver of lien, or (2) wait until the sub's 90-day period to lien the job has expired and see if he files a lien. If not, you are in the clear. If he does, you can work with the owner to file a notice of contest of lien and wait the 60 days to see if he files suit.