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Bathrooms Remodeling

Need advice about a remodeling contract

last year

Please educate me pros! I am a homeowner in the process of getting bids for a major bathroom remodel. I lack experience in knowing what is standard practice and what is not when it comes to a contractor/remodeler contract. I was interested in using this company that gets wonderful reviews and recommendations and is licensed and insured, but am questioning the wording in their contract and wondering if this is standard industry practice or not. The contract clause states, “Consent is hereby given for filing of mechanic’s liens by any person who supplies materials or services for the work described in this contract on the property on which it is located if he is not paid.” There is no mention in the contract that the contractor will use the money I’ve paid to them to pay any subcontractors they might hire, but that is the assumption I am supposed to make. I know the contract is geared to protect the contractor and not me, but is this normal, or is it a sign that I need to keep looking?

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Comments (2)

kempek01
last year
In many (if not all) states in the US, subcontractors who are not paid are legally able to file mechanic's liens against the property where the work was done. This clause does not seem out of place, since it just says what the law already is.

But I'm not an attorney.....
bry911
last year
last modified: last year
Mechanic's and materialman liens exist in some form in all states. The particulars of them vary by state. In many states you are protected from suppliers and subs once you pay contractor, in other states you have to file a legal action against the contractor to recover.

Often terms that exist as a part of common or statutory law are added to contracts in order to inform the parties. I suspect that is what happened here. However, if you are uncomfortable begin by looking up the statutes in your state and then ask an attorney for further clarification, if needed.

At any rate, the best protection will be lien releases from subcontractors at the various payment points. Lien releases are common practice and the subs shouldn't have a problem providing them.
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