We have paid our contractor for 50 of the project. We now have two liens filed against us/contractor. What can I do?

Project is in Kansas. The contractor has not shown evidence of payment to the
subs. There are now three liens against us. What legal recourse do we have to get
them to pay subs? Or get our money back?

Asked on December 3, 2018 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You would sue the contractor seeking either or possibly both of a court order requiring them to pay the subcontractors and/or monetary compensation, such as a return of your payment and/or other compensation as well (such as the cost to pay off the liens, if you should have to do so yourself). You would sue based on breach of contract (not honoring his responsibilities under the agreement for the work) and fraud (lying about what he could or do); you could also sue based on "conversion," which is a form of theft (taking the money you gave him to use for the project but keeping it himself).


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.