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When can the sub file a lien and how should I handle this situation

IndianaConstruction ContractMechanics Lien

I have a subcontractor who was taking materials off of my job in Indiana. The homeowner seen them take them and I haven’t paid them for a week because I’m trying to figure out how much to pay him. We don’t have a contract on price agreement but do have a contract for work performed and his workmanship warranty. He’s threatening to file a lien after literally less than a week without being paid. How should I pursue this? Thanks

1 reply

Aug 21, 2021

Give my office a call for a free consult. I need to understand some additional facts and take a look at the contract you do have. Does your agreement have a provision which disallows him to file a lien? He would have to give a prelim notice to the homeowner in any event (30 days from first furnishing materials/labor). He could potentially bring a claim it sounds like against you for breach of contract if you do not pay him. 260-782-1712. Podlaski LLP Attorneys at Law. I look forward to speaking with you. Best, Nick

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