I have a general contractor whose retainage payment was delayed because they refused to provide the closeout documentation outlined in their construction contract (documents that are appropriate for this phase of the project, such as conditional waivers, progress photos and proof of inspections). We were in constant communication and advised them that as soon as their obligations were satisfied, payment would be released. In the end, we called our losses on a few documents just so that we could get them paid and get the project wrapped up. Shortly after we made final payment, we get a notice from the county that the contractor had filed a mechanic's lien against our property. I have made numerous attempts to contact the contractor to request they file a lien release, but they are ghosting me. If they will not voluntarily file a release, what are my next steps?
It appears your best best is to served a section 59 demand that they foreclose the lien in 30 days. If they do not, you seek a court order to foreclose or have the lilen discharged. this is a typical stunt of a GC that has not paid subcontractors. However, if you have made final payment, the lien fund is exhausted the subcontractors will have to look to the GC. you do not have to pay twice.
You may need teh assistance of any attorney with the order to show cause. Best of luck