:iagree: Because I have a feeling the person that's going to come out on the short end of this stick is the poor hvac guy.
Too bad there isn't a way for the HVAC company to show proof of the past due amount from the contractor and get some sort of a block issued so that this particular contractor can't get anymore building permits from Johnson County until this matter is cleared up and the HVAC people are satisfied.
Problem is, the lien does no good unless you sue to force the sale. Then you are just one of many with your hand out and chances are, end up with squat when it's all said and done.
He is paid and my final inspection is monday. The HVAC folks roughed in the A/C in june, that was when I paid him and they completed the job in November. What he did was take on too much work and claims that others did not pay him what they owed him. He also said he does not have the money to take them to court.
I told the HVAC company that I will not be paying them because my contract was with the contractor, and he has been payed, and not them. I think he used my money for something else...you know, rob Pete to pay Paul. What is crazy...as soon as I payed him the first payment, he bought a new truck. It just seemed fishy
Ditto with what DMJMOM said, talk to an attorney. When was the work completed? If I remember correctly a contractor cannot file a lien after 120 days since the work was completed. Good Luck and I am sorry for your ordeal.
Unless he ever wants to sell or refinance the house. In that case, all liens will need to be paid to clear title to the property.
Why doesn't he just take the contractor to court??? I am not paying him and I told them that last night. They asked for my credit card number like it was no big deal...that wasn't going to happen either
Probably because you can't get blood out of a rock. I'm not sure who your builder or hvac guy was, but keep in mind that the hvac guy is just trying to get paid. He's the one out material and labor, not the general contractor.
The statutes pertaining to this situation. http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_44A.html Article 2. Statutory Liens on Real Property. Part 1. Liens of Mechanics, Laborers, and Materialmen Dealing with Owner.
I noticed from the PMs .... my problem was no time. I spent most of the afternoon on the phone with a reporter from the Washington Post and got very little else done.
No, just stating why I did not have time to respond. Have you been trying to peek at my ego when I was not looking? :shock: :twisted: