Can a subcontractor send me a bill for claimed work after I purchasedmy new home from the generalcontractor?

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Can a subcontractor send me a bill for claimed work after I purchasedmy new home from the generalcontractor?

Purchased newly built home from the main contractor about 3 months ago. Now I receive a bill in the mail from one of the subcontractors claiming that I owe them for “Extras: New Home.” I never agree to these changes nor was there ever a change order for these “extras.” There were other changes orders from this subcontractor during the construction of the home, but nothing for this. They are also claiming expenses for work we did ourselves. Do I have any obligation to pay this? and can they put a lien on my property for it?

Asked on April 4, 2011 under Real Estate Law, South Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would take the letter you received to an attorney as soon as you can.  Yes, subcontractors can place liens on property even though you actually paid the contractor if the contractor did not pa them.  But you also claim here that there is some sort of fraud by the sub contractor and that needs to be dealt with as well.  If the line is found to be filed in error or filed fraudulently then there could be retribution for the sub that filed it.  But it really all needs to be straightened out and you need someone to write you a formal and legal letter advising the sub just what you advised here and making it clear that if they file a false lien you will take the steps necessaryto make sure that you file a complaint with the state attorney general and the state licensing department.  Good luck


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