Location: Tennessee My GC completed the remodel of my residence approximately 10 months ago and is fully paid. I (homeowner) received notice from the HVAC contractor that they intend to file a lien against my property due to non payment of the final bill from the GC. 1. Can they do this since I did not contract with them directly 2. Isn't the time limit to file a lien over (HVAC contractor was last on property in Oct 2021 for a service call) or are they given a longer period for some reason
Good morning,
You are correct: a remote contractor (i.e., one that you did not contract with directly) does not have lien rights on residential property – only a primary contractor (e.g., a GC) has lien rights on residential property. Here, the time does not matter – the HVAC contractor simply does not have lien rights (assuming you did not call the HVAC company directly for the service call). But, if it were a commercial property, the remote contractor would have to send a notice of non-payment within 90 days from the last date the labor or materials were provided to have the right to a lien.
If your GC arranged for the HVAC contractor and has been paid in full, then I suggest notifying your GC that the HVAC contractor is threatening a lien. The GC should handle this for you.
I hope this helps.