We live in Colorado. We hired a contractor to perform landscaping work on our backyard. Work was started by the contractor's crew but not finished. A sub-contractor was brought in to complete a concrete patio which was completed today. The contractor has been unreachable by email, phone, etc. for several days. Unsuccessful attempts have been made by myself and the sub-contractor. The sub-contractor now is threatening to file a mechanic's lien because the contractor has not paid him. We initially paid the contractor one half payment of the work to be performed (including the concrete patio). The sub-contractor has proposed that we pay him directly to avoid the filing of the lien. Isn't our contract commitment solely through the contractor? Shouldn't the sub-contractor be pursuing legalities through the contractor? What are our rights/obligations to the sub-contractor? Does the sub-contractor have the right to ask us for payment directly?
Your factual scenario is unfortunately common. Yes, the sub-contractor may lien your home. Yes, he should go directly to the prime contractor.
If you have not fully paid the prime you should wait until you receive formal notification of intent to lien before dealing with the sub-contractor so that you'll have documentation to cover any claim from the prime when he reappears at your door demanding full payment.
You may want to consider hiring an attorney to deal with this for you as a protective measure.
Good Luck!
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