Subcontractors have a right to get paid for work

Q. We've hired a contractor to finish our basement. After agreeing on a price, we signed a contract regarding costs, payments, allowances for various items, etc. We wrote into the contract that we wanted a lien waiver from the various subcontractors after work completion and payment in full from our general contractor.

Over the weekend, one of the subcontractors came to our home to tell us that he didn't receive payment from our contractor for tile work completed about 10 days ago. We informed him to contact to contractor for payment. He claims he made several calls and has not heard back from him.

To date, our project has been going very smoothly and I'm sure this is probably just an oversight. Without actually saying these words (putting a lien against us), he hinted that if he didn't receive payment he would have to take matters further. He suggested perhaps we should pay him and hold back the money owed to him from the contractor's final payment. I don't want to do this. We plan on talking to our contractor very soon regarding this matter.

Can he legally put a lien against us instead of the contractor if he doesn't get paid? What is our recourse?

A. Yes, he can lien your property if he doesn't get paid presuming he has complied with the requirements of the mechanics lien statute. The fact that the work was done on your owner occupied home means he was required to give you two formal written notices … one within 60 days of first doing work and one within 90 days of last doing work. Failure to provide either of these notices will prevent him from exercising his lien claim, unless you were given a sworn statement by the general contractor, which included this subcontractor.

You might also want to check out the Home Remodeling and Repair Act (815 ILCS 513/1) for further legal requirements of your contractor/subcontractor.

Q. My family rents a single-family home from a young guy. The place is not in very good shape, which, unfortunately, I did not recognize before I rented it.

Things are always going wrong, but when I call the owner, he never does anything. He always tells me he will fix the problem and a couple times he has made half-hearted attempts, but in the end, I either fix it myself or hire someone to do it. Until recently, none of the problems were that big of a deal so I just let it go.

Now, though, I have a problem. The roof, which is obviously very old, has started leaking. I've gone up in the attic and water appears to be coming in from two spots. The owner sent someone up to patch the roof, but it did not completely stop the leak. I was talking to the guy that was patching the roof and he said that the house definitely needs a new roof.

I'm pretty sure the owner does not have the money for a roof. I spoke to him about it and offered to pay for the roof if I could deduct the cost off my rent over the next six months. He would not agree to that. He keeps telling me he will fix the problem, but I have no confidence that will happen. With the water continuing to come in, I am concerned about mold (I have young kids).

What are my options?

A. I would take pictures/video of the leak. If you can capture a video of an active leak, all the better. At least get pictures evidencing the water damage in the attic and/or the home.

I would then send a certified letter to the owner demanding the leak be repaired. Document in your letter when you first contacted him about the leak, indicate the length of time that has elapsed since you first contacted him about the problem and the fact that the leak is still not repaired.

If he fails to correct the problem after a reasonable period of time, I believe you would be justified in terminating the lease and moving out.