If my general contractor has not been paying his subcontractors, can they place a lien against my home?

UPDATED: Nov 29, 2011

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If my general contractor has not been paying his subcontractors, can they place a lien against my home?

He has been paid.

Asked on November 29, 2011 under Real Estate Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, if your general contractor has not been paying his or her subcontractors that are working on your home and assisting on the work of improvement, the subcontractors can very well lien your home.

Given the seriousness of this situation and the fact that you do not want to overpay for the presumed written contract that you have with the general contractor, you need to sit down with the general contractor to discuss why the subcontractors are not being paid. One way to safeguard yourself is for you to directly pay the subcontractors in exchange for a written lease by them. I suggest that you consult with an attorney experienced in construction law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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