Joel D
A few weeks later I received a call from a cabinet maker, who built the custom cabinets saying he has not been paid for the cabinets that the contractor ordered. They want to come after me for payment even though I had no contract or contact with them only with the contractor. Can they place a lein on my property? Don’t they have to go after the contractor who ordered the cabinets?
Stop Panic Attacks
This happens a lot in construction and if you don’t have a contract with the cabinetmaker nor placed the order yourself you should be ok. Make sure you have proof of paying the contractor however.
There may be specific laws in your area that deal with this, a good place to contact to be sure would be the local BBB for some basic advice.
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They may be able to put a lien on your property in the nature of a “materialman’s lien” in order to recover payment. However you would have a defense of “accord and satisfaction” if you have proof that you paid the general contractor in full and that your agreement with the general contractor included the kitchen cabinets. If you are sued by the cabinet maker or if a lien is placed on your property, you would have a right to “join” the general contractor and ask the Court to order the contractor to pay the cabinet maker. When you paid off the contractor, was there any kind of “indemnification” or “hold harmless” agreement or release that the contractor guaranteed, not only his work, but that all his subs and suppliers were paid off? It’s always a good idea to have something like that when work is completed and the final bill is paid.
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More than likely the contractor, who he had the contract with has stiffed the cabinet maker and he’s going after whoever he can to get his money. It’s the contractor’s bill, I’m sure you already paid for the cabinets once. Don’t pay for them again.
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YES, the subcontractor can place a mechanic’s lien.
Generally, any person or company that furnishes material or labor to a construction project (including remodeling of a home) can place a lien. That means contractors, subcontractors, architects, landscapers, etc. The exact requirements and procedures for placing and foreclosing a lien are governed by state statute, and the statutes vary wildly among the 50 states. But, pretty much every state I know of allows subcontractors to place liens, regardless of whether the home owner had a direct contractual relationship with the subcontractor.
I suggest seeking legal advice if this can’t be resolved between you, the contractor, and the subcontractor.