Hello, Just wondering if the contract section below is in any way effecting my ability to file a lien against the General Contractor? (I am the Sub-Contractor). 13. Indemnity. In addition to the other indemnification provisions in this agreement, Sub-Contractor shall defend, indemnify and hold harmless Contractor, and Project Owner, and their affiliates, officers, directors, employees and agents, from and against the following, to the fullest extent permitted by law: (a) All mechanic's and materialmen's liens, and all costs, attorney's fees and expenses incurred in connection with any such liens which arise by reason of or are related to the work or any part thereof. Thank you
This is only a portion of the contract; however, regardless, GENERALLY, indemnifcation clauses cannot stop the subcontractor from liening the project (I have never heard of such a case, with that being said, there is not enough information here). If you need assistance with a lien, please let us know.
I agree with Attorney Brown. A provision of this type is usually inserted as a precursor to the contractor posting a surety bond as a substitute for a valid and enforceable mechanic's lien. But it is impossible to tell how this provision is being used without reviewing the entire contract to read it in context.
This clause does NOT effect your ability to file a mechanic's lien in CT. Indeed, any provision that purports to eliminate your ability to file a lien before you begin work is illegal in CT. See Conn. Gen. Stat. sec. 42-158l. The indemnity provision you cite above does not do that- rather, it requires you to pay all costs incurred by the GC in dealing with your subs' and suppliers' liens. Remember, however, that if the liens were filed becasue the GC wrongfully withheld money, this indemnity provision is meaningless. Feel free to contact me if you you'd like to discuss further.
Paul Fitzgerald, Esq.- 860-522-1243