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


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).

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