Frederick A. Lurie

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Construction Law: Construction Contracts, Construction Defects, Construction Liens, Construction Litigation

Real Estate Law: Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Business Law: Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

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9 Questions Answered

Q. What is the best legal action to motivate a contractor to complete a project and what are our rights as homeowners?: April 14, 2023; A: Under Section 5 of the Mechanics Lien Act, the contractor is required to provide you with a sworn statement listing all the subcontractors, their trades and contract amounts before any money is due if you request the information. The statute provides: "It shall be the duty of the contractor to give the owner, and the duty of the owner to require of the contractor, before the owner or his agent, architect, or superintendent shall pay or cause to be paid to the contractor or to his order any moneys or other consideration due or to become due to the contractor, or make or cause to be made to the contractor any advancement of any moneys or any other consideration, a statement in writing, under oath or verified by affidavit, of the names and addresses of all parties furnishing labor, services, material, fixtures, apparatus or machinery, forms or form work and of the amounts due or to become due to each." Of course you have the disadvantage of having paid considerably more than the value of the work performed and so the contractor has more leverage. But the advice you received seems sound. Don't forget to request the subcontractor information in the same correspondence.