by Onslowe » Mon May 19, 2014 10:45 pm
oldbat:need the roof redone. want a way to ensure there are no liens put on property, especially if they fail to pay the workers.
Look for a lawyer in your state who practices in real estate law or construction law, and ask about his or her experience with mechanics' lien issues.
I took a look at the SC mechanics' lien law, and it seems a bit quirky to me. The good news seems to be that the contractor's subcontractors and materials suppliers can only place liens for the amount you still owe the contractor under your contract with him, so if you pay the contract amount in full you should be safe from them. The bad news seems to be that there is an exception for "individual laborers when the amount of their lien is less than two thousand dollars."
Sounds like that could, in theory, mean that if he had a crew of 10 guys working on your house, each of whom put in 100 hours at $15/hr, and never paid any of them a dime, your house could end up with 10 liens worth $1,500 each even though you paid the contractor in full.
Maybe you can get some protection by choosing a contractor with a surety bond that covers his obligation to pay his workers?
Good luck, and maybe your best protection is simply to hire a contractor with a long history in your area and a great reputation. If your house is neither huge nor complicated, a roofing job shouldn't expose you to too much risk of runaway costs, unless the contractor is an actual crook.