contractor not paying subcontractor

[Dugg]

What is the name of your state?NC

Hello, we recently had some work done on our home, which we found at after we paid him it was by an unlicensed contractor, but anyway he has not paid one of the subcontractors and told them that we owed him money is why he has not paid...we paid around 65k on a contract for 55k and he has been paid in full for over a month now...we got a letter from the subcontractor threatening to send us to collections...what can we do?

 

[quincy]

You did not hire the subcontractor. The contractor did. If the subcontractor has a complaint over not getting paid, he needs to take his complaint to the contractor.

 

[FlyingRon]

NC is pretty much consumer friendly when it comes to subcontractor liens. Unless the sub notified the homeowner that they were placing a lien on the contractor payments, they won't be able to take action against them. However, if that notice did go to the homeowner, the homeowner is indeed liable for any money paid to the GC that should have gone to the sub.

This is what happens when you deal with unlicensed contractors doing unpermitted work. If you had gotten a building permit, a lien agent would have been legally required on a job of this size in NC. You likely are going to have building department issues in addition to your other contractor headaches.

 

[NeilTheCop]

we got a letter from the subcontractor threatening to send us to collections...what can we do?

Ask for the subcontractors business and contractors license numbers, so you can give them to your attorney.
Probably the last time you will hear from him.

 

[John G. Anai]

If, he is not listen to you then you can take a legal action against them.

 

[quincy]

If, he is not listen to you then you can take a legal action against them.

Please explain what you mean, John G. Anai. What legal action do you believe the homeowner can take under the described circumstances?