follow up to my contractor abandonment thread. now a SUBCONTRACTOR (cabinet vendor) just filed a mechanic's lien on my house for $11,400 because the GC i hired never paid him for the cabinets that ARE in my house. i already paid the GC the $24k. am i on the hook for double?
welcome to the worst part of the GC abandonment scenario. yes, you can technically be on the hook even though you paid the GC. mechanic's lien attaches to the property, not the GC.
defenses: (1) preliminary notice — most states require subs to send notice within 20-45 days of starting work. if vendor didn't, lien may be invalid. (2) statute of limitations on filing — most states 90 days. (3) homestead exemption protections in some states.
negotiate with the cabinet vendor directly. offer 50-70% of face value for a release. they'd rather get something than nothing. document the GC's failure to pay as evidence in your suit against the GC.
also — your damages claim against the GC now includes the $11,400 you may have to pay the sub. that gets added to the abandonment damages. document everything for the eventual lawsuit.