Can a Concrete Company Put a Lien on My Building if the Contractor Didn't Pay Them?

Factual Questions
21

As far as the fairness of the mechanics lien in favor of the subcontractor or supplier is concerned, it’s the age-old question of who should bear the risk of loss. In Wildest Bill’s case should the loss be carried by the redi-mix guy who delivered in the ordinary course of his business or by the property owner who could have covered his butt by demanding lien waivers before making final payment? Its not as if the property owner thought all that concrete appeared as an act of charity.

Incidentally, in my State, if the improvement is on homestead the sub’s lien is not effective once the owner makes full payment to the contractor. One more reason for Wildest Bill to fork out a few bucks and go see a lawyer. There might be a loophole.

Looking for legal advice on the Internet may not be a real bright idea. The info you get may be worth about what you pay for it.

22

“Incidentally, in my State, if the improvement is on homestead the sub’s lien is not effective once the owner makes full payment to the contractor”

So it is true (what the attorney general’s office told my wife)! Many people don’t realize this.

Blink

23

Very true. We’ve all given rules that apply in our various circumstances - but those rules may or may not apply to Bill. Whether or not he has filed a Declaration of Homestead, if one is even required in his state, his specific location and the governing laws, what notices he got from the sub, and the wording of his contract (say it with me - lien free completion guarantee) are all open questions.

Bill, get thee to an attorney. Be sure to ask him if you can recover legal fees you spend to get this cleared up.

PS - mangeorge, I’m not ignoring your question about buying retail. My day job involves lots of large-scale construction and the endless litigation thereof, but in big projects it’s pretty uncommon for us to trot to Home Depot. Since we don’t work that way, I don’t know the answer, and haven’t had time to look it up.

24

SG actually said, in part;

Now that was silly. :wink:
The supplier could, in the ordinary course of business, demand payment up front from those (the contractor, in this case) he doesn’t know and trust. Thereby covering his own butt. The very butt that stand’s to profit from a sale.
seawitch, Thanks, but don’t go to a lot of trouble. I’m just curious.
Peace,
mangeorge