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Can a subcontractor put a lien on my home although I do not have a contract with the subcontractor?

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Posted by: from Mississauga
11/11/2020 at 5:51:41 PM

Hi,

Can a subcontractor put a lien on my home although I do not have a contract with the subcontractor, I have one with the contractor who has gone MIA.

REPLIES (6)
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Jeff from Klass Drywall in Kitchener
Date/Time11/11/2020 at 7:18:45 PM

From my experience and what my lawyer has told me in the past. You need some sort of a proof of contract in order to put a lien on a house

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Sophia in Mississauga
Date/Time11/11/2020 at 7:25:40 PM

Thank you Jeff for that. I have no document indicating the sub and I have a contract. My contract is with the contractor who hired him and now the sub is coming after me for payments not received from the contractor and for the installation of the railing. I've paid the contractor in full.

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Date/Time11/11/2020 at 7:58:52 PM

Hi Sophia,

Yes, subcontractor can put a lien on the house. If he can prove that he has a contract with the general contractor with the address he was working on and have pictures of his work. Then yes, unfortunetly there are many cases like this. I wish you luck.

Thanks,

Gabriel

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Date/Time11/11/2020 at 10:28:59 PM

Seek legal advise but the short answer is yes.

You're technically required to hold some back to make sure the subs got paid.

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Date/Time11/12/2020 at 2:49:14 AM

As long if he can prove it he can

Most trades they take pics of their jobs

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James M in Hyderbad
Date/Time11/12/2020 at 5:55:34 AM

Contractors, Subcontractors, Laborers, Equipment Suppliers, and Material Suppliers who provide labor or materials to a commercial or non-homestead residential Property are not required to have a written contract as a prerequisite to filing a Mechanics Lien.

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