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Who pays material vendor...after contractor has already been paid for material...?

I live in KY. A contractor did some work at our house and we paid him for labor AND materials. Now the material vendor is saying they never got paid...and are coming to us for payment. Is this legal...that we are on the hook...even though the contractor is the one who ordered the material...that we paid him for...?.

1 reply

Aug 19, 2020

Generally, the power of a mechanics lien comes from obligating the property itself (and, accordingly, all interested parties) to pay the debt due to any party who furnished labor or material to the project and who wasn't paid - irrespective of who that party directly contracted with. This is also true in Kentucky, a material supplier with whom the owner didn't contract can claim a lien against the property and force the owner to pay. However, there are limitations to this ability. First, on owner-occupied residential projects, a party who did not contract directly with the property owner must provide a notice to the owner within 75 days of last furnishing. If the notice is not sent, no lien is appropriate. Additionally, a lien must be filed within 6 months after the claimant last furnished labor or materials to the project. Finally, the owner (if forced to pay twice) has an action against the GC or other party who failed to make payment to recover that amount.

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