Can I be held responsible for payment to a third party?

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Can I be held responsible for payment to a third party?

I contracted with a landscaper for work at my home. I paid him what was in the contract. I received a notice from a cement company, which the landscaper had hired as a sub-contractor, stating that a lien will be put on my home because the landscaper did not pay them. Am I responsible to pay them, even though it was the landscaper’s failure to pay.

Asked on April 7, 2011 under Business Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Yes, unfortunately.  Most states allow subcontractors to file liens against the property owner when they have not been paid for a job.  I might suggest that you have an attorney review your contract and give you an idea of how the law works in your area on this type of matter.  You may need to sue the contractor here.  Also, check with the subcontractor how the account was opened for the cement.  Some contractors put the account in the name of the homeowner without their knowing.  Liens can last a long time and you could accrue a lot of interest by the time it is paid.  Get help as soon as you can on the matter.  Good luck to you.


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