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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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