The subcontractors don't have to file the work stops or is completed. After a subcontractor records a lien, it has to file a lawsuit on the lien withing 90 days or it loses the lien. It still can sue for the amount owed, without the lien, and if it ever gets a judgment, it can record the judgment and it will become a lien on any property you own in the county where the lien is recorded.
The lien has no effect on your property until you need to sell or refinance the property. If they sue you, you'll sue the general contractor and everyone's claims against everyone else should get resolved in that lawsuit. The lien is not a problem for you, until you need to sell or refinance. You can post a bond in lieu of paying off the lien.
If you need any of these subcontractors to do more work for you in order to complete the work, you may need to pay that subcontractor for itys work that you already paid for to the general contractor. The subcontractor is not required to do any more work for you, especially if it has not been paid.
These situations seem to always involve a lot more facts and a lot of complications. For example, defects in the work of the contractor or the subs. If the general contractor was failing, he was probably not properly supervising his workers and his subs.
You're going to need an experienced construction attorney to advise you and to help you collect anything you have overpaid to the general contractor.
Dana Sack
Answered on Jan 21st, 2018 at 1:56 PM