Advice? - Builders lien by sub for garage built by Shaw Renovation & Construction
*short*
-contractor builds garage, gets paid.
-sub files lien, didn't get paid.
-need to pay sub obviously, get lien removed.
-need process explained of how to then go back to Shaw to get $$, since seems to want to dodge until everyone goes away.
*long*
We had a garage built over the summer by Shaw Renovation. All was great until a month after it was done when the concrete sub filed a builders lien because Shaw put a stop-payment on his cheque. Got a fun lesson in the Builders act, never heard of holding back 10% before that and shockingly the garage contract wasn't written with that in it..
Anyway.. talked to Jon Shaw, the owner of Shaw Renovation in October, got told a story about him having to stop payment on multiple jobs of the sub because of issues with work he did at one of the jobs (not mine I advised him since I was there when he did it). and to give it a few weeks while they worked it out.
Skip forward to the end of November and we get a letter from the sub advising he still hadn't been paid and he's having to take it to court. We email that to Shaw the first week of December and left a message, don't get a response.
Email, fax and leave a message the third week of December advising we expect this guy to get paid by the end of the month, no response.
Another message at the end of December and also talked to the sub to confirm he still hasn't been paid by Shaw.
Finally get in touch with Jon last Friday but he said was with a customer and would call me right back. Because I'm a wimpy idiot apparently, I said okay.
Obviously, no returned call.
Call again that evening, left a voicemail and sent another email stating my displeasure at the lack of response and explanation.
So following the trend, still nothing...
Need to know what the next step is, obviously need to pay the sub so he gets his money for the work he did. I've got nothing against the sub, dude just wants his $$ and is following the steps he is supposed to.
Do you pay the sub and then have to do a small claims thing again the main contractor? Does the sub complete his whole lien court thing to get the official confirmation of the lien, then you pay him, then use that decision to go back to the main contractor?
Or are you just left to huddle in the corner? I can't imagine what would happen if they didn't pay any of their subs, 10% sure as hell wouldn't cover that...
This must all be detailed somewhere on the internet, but all I can find is what the lien filer is supposed to do..
The crazy part about this is he knew we had more work to get done, new roof, siding, a deck, a retaining wall.... hmmm... think this has soured me just a wee bit.
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