[quote=booter1]Thx Everyone- BG was kind enough to provide an attorney referral so I will let everyone know what happens.
Suppliers did send prelim notices within timeframes required. I was under the assumption that the Unconditional Release/Waiver which I received with final payment to contractor would protect me. As has been pointed out, this is true only if the subs/suppliers sign the waiver, not just the contractor so painful lesson learned for me.
That said, the contractor agrees I have paid in full, said he intends to pay me when the next couple of jobs finish. I said, “not good enough.”
I don’t want a lien on the home so will check with attorney on paying the suppliers and going after the contractor. FWIW, I asked the contractor what happened to the money we paid him for lumber and concrete and he said it went to the subsequent job and that owner is now refusing to pay him. I said was very frustrated to be in this position. His solution was just to let the lien stay on the home for 60 days until he closes some jobs out and gets the money. Told him no deal.
Contractor’s bond is $12,500 which won’t cover full amount (approx $17000) but it’s a start. Thx.[/quote]
Dude, I’m sorry to hear this. This royally sucks.
Folks I’m just curious, if he does pay the supplier first and go after the contractor, what sort of rights can he potentially lose (besides the contractor not paying him back)…Also, can he tack on any other things. I’m thinking for instance damages associated with not being able to refi, fees associated with borrowing $12.5k,etc.
Lastly, what are the risks if he plays hardball with the contractor, and the contractor gives him the middle finger?
