QUESTION
General contractor hasn't paid framer. Are we liable for anything?
Asked on May 22nd, 2017 on Breach of Contract - Oklahoma
More details to this question:
We are converting are attic into living space. Our general contractor hired a framer. About a month after the framing was done the framer contacted us saying our general contractor hasn't it paid him. The framer says he can legally put a lean on our house, is this true and are we liable for the general contractor not paying the subcontractor?
1 ANSWER
The laws may be different in Oklahoma, but in New York a subcontractor cannot legally assert a mechanic's lien against real property unless the owner was responsible to pay the subcontractor. If the sub dealt solely with the GC, the sub must seek payment solely from the GC, not the owner. However, if you still owe money to the GC, the framer may (after obtaining a judgment against the GC) garnish that money so that you would be ocmpelled to pay it to the framer, rather than the GC, to satisfy that judgment.
Answered on May 23rd, 2017 at 7:42 AM