What can be done about forged docs

9 months ago

As a GC in Florida, we have been paying our subcontractors monthly on a commercial project and receiving lien waivers from them and their suppliers who filed notice to owner. One particular subcontractor has been providing us the lien waivers as well, however we got a call the other day from one of his suppliers who stated they haven’t been paid for about 4-5 months. We told them that we have their waivers for each month, but apparently these were forged. We believe we have done all the right things and don’t feel we should have to pay this again. Big $$$$$$
We feel the supplier should have notified us after one or at the most two months of non-payment.
Surely there is some sort of remedy for us.
Thanks for any support or ideas on how to proceed.

Attorney Dinsmore & Shohl LLP
56 reviews

You need to consult with an attorney. Generally lien waivers protect the homeowner from paying twice, so I think an argument exists that you shouldn’t be required to pay twice. But the fraud adds an additional wrinkle. You certainly may have a defense that the material supplier should have called you sooner. You definitely would have a claim against the subcontractor if you ended up having to pay the material supplier.

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