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Old 12-15-2008, 01:19 PM   #1
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stuck in the middle


So here I am stuck in the middle between a GC and a electrician. In short I had a addition put on the back of my house, paid the GC in full ( i have a signed lean release from him), now the electrician's is putting a lean on my house. apparently the GC did some work for the electrician's son. The son and GC had a disagreement and did not pay the GC! Now the GC is not paying the electrician and who gets stuck in the middle me!

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Old 12-16-2008, 09:25 AM   #2
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Now you can go right after the GC and let the GC sort things out.

The GC might have committed fraud or perjury if he signed a release stating that his subcontractors were paid and they were not. But this point, if true, does not have to be brought up immediately.

I might even start out by saying, "The electrician made a claim against me the homeowner/client for X dollars so I would like you the contractor to pay me the homeowner/client X dollars."

You do not need to discuss and you do not need to listen to and you do not need to reply to any rhetoric about the electrician's son or any barter arrangements between them.

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Old 12-16-2008, 10:19 AM   #3
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sorry to hear your in that position. It's a good thing you have that lien release from the contractor. I'm not an expert at this but from what i know i would say you should contact a lawyer or the appropriate people to file charges against the contractor for using your house in a matter that doesn't involve you, like mentioned above fraud. good luck with this
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Old 12-16-2008, 11:23 AM   #4
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Thanks for the comments! This is just one of those unfortunate situations that come up. No matter how careful you are, even when you do all the right things and pay on time and complete the GC and subs can still "screw" with you! This will eventual get settled and more than likely the only that will be out anything will be me! A lawyer will cost me $$$ and the time I am spending trying to sort this out is costing me $$$$!

To all contractors and subs reading this post, I did all the right things, I got references, i got a signed contract, I paid on time, i got a lean release and last but not least I got beat! So no matter how bad you think home owners are in general you guys are no better!
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Old 12-16-2008, 11:37 AM   #5
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Try the BBB.
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Old 04-06-2009, 02:12 PM   #6
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It is my understanding (at least in California) that you should get lein waivers/releases from each subcontractor that does work on your property. I know this doesn't help to know now - but for future reference. It really stinks that there are so many scumbags out to take advantage. The contractor knew exactly what would happen when he didn't pay that sub - Shame on him!!!
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Old 04-07-2009, 09:59 AM   #7
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Very true. The GC cannot waive the rights of the other tradespeople. You need a waiver from each subcontractor AND the material suppliers if you want to be doubly sure of no liability. For example, say "John Doe" contracts the drywall. He gets "ABC Supply" to stock the job. He does the work, gets paid and signs a release of lien. If the material bill is not paid, the supplier can come back to the homeowner for payment. Is it fair? NO. Is it legal? NO. Does it happen? Unfortunately, YES.
It's the "John Doe's" that give the rest of us a bad rap....
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Old 04-07-2009, 11:46 AM   #8
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What's the language of the contract? Before running to a lawyer and incurring expenses I'd do some research first. I would think that the GC has to have at least some accountability in this, isn't that one of the main reasons one hires a GC?
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Old 04-08-2009, 12:32 AM   #9
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bjbatlanta - so you have advised me about some drywall issues (thank you!) and now our contractor has been partially fired. He does not want to give us conditional lien releases from his subs because he doesn't want us to know what he has paid (for instance - the electrician) but now that we asked he will give us unconditional when the job is completely paid for. What do you think of that? This guy scares me. We've taken away all of the jobs he is doing for us except for the kitchen cabinets and the granite and now he is raising the price of the kitchen. Says the only way we can fire him and he will walk away is to give him $2000.00.
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Old 04-08-2009, 12:24 PM   #10
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onemeek - I would at least make a phone call to an attorney at this point. Give a brief explanation and ask him how to proceed. The call likely won't cost anything. A letter from the attorney telling this guy to "go away" may cost a couple hundred dollars, but would be money well spent in my opinion. Unless this guy's contract has wording that absolutely "holds you hostage", I'd hand him the letter, give him an hour to collect his things and get off of my property, or face criminal trespass charges. Again, (and it may be different in your area) he CAN'T waive another tradesman's or supplier's rights to lien your property. So if the "unconditional" waiver he's talking about is only signed by him, it's still not going to help your cause. Just my opinion, for what it's worth. Best of luck...

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