Sub contractor is threatening to put lien on owner because of dispute between him and contractor

Posted by: Vivek from Vaughan

7/7/2021 at 6:20:00 PM

I hope someone can help as my wife and I are completely stressed out.

We hired a landscape contractor for our backyard project in march 2021, which he promised to finish by May. However, he couldn't start the work before June first week.

On June 5th, he brought few workers with forklift and other machines, open the fence and start the digging. There was a wooden shed to be removed and earth to be dug, after they placed the sub base and left the garbage on the curb for 5 days where picked it after the City law enforcement officer gave us a notice. For the remaining work of putting stone patio, he said he will contact us. That was in June.

Fast forward, few week later, last week the machine operator came to our house and introduced himself, mentioning the contractor owe him $2500 and not paying so, as the owner, we have to pay or he is putting a lien on our property. Our contractor initially responded as not worry and now he is gone incommunicado.

I got a call from the machine operator/subcontractor saying that he is moving to get a notice of lien on our house.

I am not sure what are our rights in the matter, I don't know this guy, just saw him once working on backyard, and his name is not in contract or anywhere.

Please help! Any advise is welcome.

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John from Pisces Contracting & Carpentry in Edmonton

7/8/2021 at 9:15:55 AM

Sorry to hear this happened to you. These kinds of guys are the bane of the industry and give the other 90% of us a bad name. Typically a sub contactor who works for a general contractor can put a lien on a Clients property and then sue you within 30 days if the original contractor you hired did not pay him. He will have to show documentation however when filing that he was hired and did the work, and trying to collect from you will not be easy for him. His contract will not be with you but the original contractor you hired and that information is not required to be on it. Your actual contract is with the original and he can hire anyone he wants as a general contractor. Unfortunately under most contract law Canada wide in a situation like this you are responsible to pay him now and then sue the original contractor for this and the non completion of project. If this sub does not have the documents or never did the work then he is bluffing & bullying you and will not do anything. If you are invested substantially it may be in your interest to get immediate legal advice and consider what best to do. It is best 1st to do everything in yuor power to contact original contractor and try to get him to honor his contract with you. If a lien is placed and he does not sue you, the lien can be removed in 3-6 months depending on whether he sues or not and the particular lien laws in your province. Liens are bad though and can affect your own credit rating and while the lien is on a house you cannot sell it or get loans. The entire process is very long and protracted as well as stressful. Hope it works out