Subcontractor lien rights are complicated
by the lack of an agreement
directly between the sub and the property
owner. In general, before unpaid
subs can place a mechanics lien on
the building where they performed
their work, there must first be an
enforceable contract between the
property owner (or his agent) and the
prime contractor. When such an
agreement does exist, the sub cannot
get better rights against the property
owner than the prime contractor has.
In some states, an unlicensed contractor
cannot sue the person who
hired him for payment. That means
that a subcontractor cannot sue
either, even if licensed. (Exceptions
0/JLC • NEW ENGLAND EDITION • JANUARY 1996 JLC • NEW ENGLAND EDITION • JANUARY