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Our company was a subcontractor of a subcontractor on a construction project headed by a general contractor for a major university in NYC. We completed the work, but never got paid. Months went by and we contaced the general contractor who refused to pay us. We placed a mechanics lien on the property, but then the general contactor bonded it with the insurance company. The GC provided copies of checks to us and said since they paid the sub in full they are not requiree to make a payment to us. Now they are forcing us to either take the lien off or go to court to prove why it should stay. Please note that they never received a final lien waiver from the sub that didn't pay us. Should we pursue a lawsuit against the GC, since at this point the sub just doesn't want to make a payment.
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Your suit should be covered by the bond. Do you have an existing suit. You need to have one to preserve the lien. If you did not file a suit, then you are going to have to sue the subcontractor that hired you, as the lien is expired, the bond does not cover you and you have no claim against the general contractor. These cases can be complex if the amount at issue is not large.
Answered on Jul 30th, 2016 at 3:23 PM