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Question:
I recently had my home re-roofed. The job is complete and paid for, but I received a notice of intent to file lien along with a bill for the shingles. What happened?
Answer:
First of
all don't panic. It may just be a simple mistake by the material supplier or the roofing contractors' accounts payable department. A simple phone call may be able to clear it up. The other possible scenario is that the roofing
contractor (the prime contractor) never paid for the materials and the supplier is trying to collect directly from you. Yes, they have the right to do this as long as they informed you of their lien rights within 60 days after
delivery of the materials. If you did not receive a notice from the supplier previously, they do not have the right to file a lien on your property, and you can challenge the claim. If you did receive proper notice and the
prime contractor did not pay them, you are responsible for the bill and, unfortunately, you will have to try to collect your money from the prime contractor.
I would estimate that in these cases, 9 times out of 10 the
contractor is a fly by night offering a low price. Normally, a reputable and established business could not afford the reputation of such antics. That's not to say it couldn't happen, but the chances are much greater with an
el-cheapo contractor. However, there is a way to protect yourself from the dreaded lien notice. They are called lien waivers. They are your proof that subcontractor and material suppliers will not lien your property. It is your
right to receive a "Waiver of lien" from the suppliers and subs before you pay the prime contractor for their materials or services. If you have any doubts whatsoever that your contractor is on the level, get lien
waivers before you pay. Or better yet, save yourself some headaches and check out your contractor thoroughly before you spend a dime. For more info in Liens see the article below titled "Liens & Lien Waivers".
Answered by: Patrick Benkowski, CR
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