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

UPDATED: Mar 6, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 6, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption