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Contractor will not finish work and how to remove a lien

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verntisch

Junior Member
What is the name of your state?
Georgia

I am having an addition put on our house. The General Contractor (G.C.) hired a subcontractor to pour the foundation. The footer depth was rejected by the county inspector yet the contractor's "sub-contractor" decided to pour the concrete anyway the next day!. This resulted in the inspection to fail. My G.C. had to redo some of the work and hire an independent civil engineer to ok the foundation. This work was finally approved by the county but my since the sub did not do the work properly, my G.C. decided not to pay him. As a result, the sub contractor put a lien on me! I have asked my G.C. on many occasions to pay the sub and then take him to court to recover the monies. He says he will do this but now 14 weeks later, he will not take the necessary action and gives excuses. I had initially paid my contractor for this concrete work. Since the lien was filed, what can I do to prevent a law suit from the subcontractor? Is it even a valid lien? Since the workmanship was shoddy and did not meet the county requirements, if it were to appear in court, I think that teh sub contractor would lose. He may be just bluffing but can't tell for sure. Any thoughts on what to do? Could I uiltimately file a law suit against the G.C. for not paying him?

Also due to his apparent lack of experience and knowledge of the building codes, The General Contractor has also failed all the major inspections (though he has returned to make things right and the inspections finally passed). Since this has caused additional hours for him, he appears to have lost interest in finishing the work on the addition. Even though we agreed to help him out for some of the additional labor costs, we have not seen his crew at our home in a while. When I call him, he rarely returns the calls but when I finally do reach him, he claims that he will finish the job.
With all the rework, he still feels he is working for free though it really was his own lack of experience and we did agree to pay him some additional monies as I had stated above so why the hesitation to complete the project?
That has made the whole situation very frustrating and confusing. This simple 300 sq. ft. family room addition is in the 20th week!
The stucco exterior, drywall, trimwork, and roofing rework also need to be completed. How can I "encourage" him to just finish the job! I think that would be benefical for all concerned. He would receive final payment and we will have the room finished. I really don't want to pursue legal action but he seems so unresponsive. To date, we have paid him more than he has done so I hope he doesn't walk. We would be at a financial loss if he did and then legal action may be in order.
Any advise is appreciated on these two matters. Running out of patience.

Thanks
 



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