Q & A: Subcontractor Rights for Unpaid Work

Q & A: Subcontractor Rights for Unpaid Work

 
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ID-10044619Wisconsin: Do I have to pay subcontractor?

QUESTION:
I had a roof put on in Wisconsin. 60 days are past and I am ready to pay contractor, buts he says I do not need Lien waiver from subcontactor. If I get a Lien waiver from primary contractor only, can the subcontractor sue me if he is not paid by primary contractor. What do I need to protect myself here. Subcontractor did not give me any lien notice, and has been over 60 days since last work was done. I am concerned that a lien waiver from primary contractor is not enough to protect me from an unpaid sub? Is a lien waiver from the Primary all I need?

Answer:

Wisconsin Real Estate Law can get complex, and even when it isn’t, it is. It would seem that getting a contractor to sign a lien waiver after 60 days would be all that is needed, since the subcontractor’s rights expire after 60 days anyway.

The subcontractor can come after you for a bill paid to the contractor, even after 60 days. While his lien rights may have expired, since 60 days have passed, there are issues such as unjust enrichment which may still apply. And, without a lien waiver from both, either can assert lien rights for unpaid work. So, there is cause to worry. Hence, it is typically advisable to get a lien waiver from the subcontractor whether or not the contractor also will be providing a lien waiver.   For more, I welcome you to consult the following source: http://www.life123.com/career-money/real-estate…

And, if you would like to discuss with me personally, I encourage you to call me at 262-789-2741. Thank you.

Name
Law Offices of Maxwell Charles Livingston
Address
200 S. Executive Drive, Suite 101
 
Brookfield
 
Wisconsin
 
53005
Tel.
262-789-2741
Email
max@maxlivingstonlaw.com
Website
My Name
Maxwell Charles Livingston
People call me
Max Livingston
Address
200 S. Executive Dr., Suite 101
 
Brookfield
 
Wisconsin
 
53005
Tel.
262-789-2741
Email
max@maxlivingstonlaw.com
Job Title
Attorney
I work for
Law Offices of Maxwell Charles Livingston

2 thoughts on “Q & A: Subcontractor Rights for Unpaid Work

  1. Thanks for sharing this blog, its been extremely helpful. I’ve been on the hunt for some real estate lawyers to help me out with a problem I’ve been having with my neighbors. What I want is legal but there having a problem with it. I guess we’ll have to see.

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