[quote=UCGal]Did you ever get served preliminary notices from the subs when they started? By certified mail? If not, you are probably free and clear.
The sub has to serve a 20 day notice… if they serve it after work has started (or stopped) it can only look back 20 days total.
Since your work was complete 12/11, and it is now 1/27/12, it’s probably past the look back period.
When we had issues we got several threats of liens. A quick phone call stating that a prelim notice hadn’t been filed or was filed too late was enough to make the subs liens go away.
I learned this from your previous posts, UCGal. Thank you!!!!
We are also doing a ton of work on our house, and because of your posts, I’ve told the general contractor that we will not make a payment for each phase of the work that was done until an unconditional lien release is received from all of the (known) suppliers and subs.
There is probably no way to protect yourself 100%, but this should at least minimize the liability. You can also ask the GC to get a performance bond for the project.
This is a subject that really gets me riled up. A home owner should absolutely NOT be liable for issues arising between a GC and his subs or suppliers; they should only be responsible for paying the people they have personally contracted with. I have no idea how this ever became legal (seems like someone got a kickback of sorts, IMHO).
Best of luck to you, booter1! Please let us know how things turn out.
