Friday, 28 March 2014

What rights do we have as a homeowner against a subcontractor who hasn't been paid by the contractor (even though the contractor has been pa...

Question

What rights do we have as a homeowner against a subcontractor who hasn't been paid by the contractor (even though the contractor has been paid and we have proof).



Answer

Under Va Code Sec. 43-7A, what the law terms an affirmative defense or partial affirmative defense, you have the right to contest any attempt to perfect

a lien against you by the subcontractor if you have credible proof that

you've already paid the general contractor the full amount that the subcontractor is seeking or at least made a partial payment of this amount to this contractor.



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