What to do if a subcontractor has liened my house?

First of all, by way of background information, a mechanic's lien guarantees or secures payment for a contracted service performed on a property. Such a lien stays in force until the project is completed and all parties named in the lien have been paid. Although the law regarding all of this varies from state-to-state, typically contractors, subcontractors and suppliers can file these liens within a certain amount of time after work has been completed and payment not made.

The fact is under the law of most states, if a subcontractor is not paid (no matter who hired them) the homeowner is still liable for non-payment. This holds true whether or not the GC was paid. Accordingly, a SC can place a mechanic's lien on property where the work was performed.

This obviously places a homeowner in situation of having to pay for the same work twice. The theory behind the mechanics’ lien law is that between 2 innocent parties, the homeowner is the one who ordered the work and obtained the value of the work, so they are in a better position to bear the loss than the laborer (or supplier) who provided work (or materials). Accordingly, it is the homeowner who bears the responsibility for making payment for services rendered. Bottom line, even if you have paid the GC, if the GC in turn did not pay their SC your home can have a lien placed against it.

However, you would have a cause of action against the GC but this can all get complicated. What you should do now is to consult directly with an attorney in your area. They can best guide you under specific state law.