What to do if I owe and he owes more to subsbut he will not pay off the subs and get waivers?

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What to do if I owe and he owes more to subsbut he will not pay off the subs and get waivers?

I owe my general contractor 6 k but I am asking him to get lien waivers from all the subs, some of whom I don’t even know, before final payment. I have already paid a sub which I did not think Ishould do and now another is calling about non payment from the GC. Any advice how to move forward? Can that sub put a lien on my house? Should I pay off the sub but how do I know for sure what the GC owes him if the GC won’t talk to me?

Asked on March 6, 2012 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Before you pay your general contractor the $6,000 you are writing about, I recommend that he obtain waivers from all subcontractors working on your property through a certain date that they have all been paid up to a given date.

If you do not get such written waivers, then the unpaid subcontractors can lien your home resulting in more problems for you and possible double payments to clear the liens. I suggest that you consult with an attorney experienced in construction law to assist you concenring the waivers needed to be obtained from the subcontractors and to iron things out with the general contractor.


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