As a GC I can tell you that there are many variables to your question and some can be State by State dependent.
1. Can a contractor or a sub put on a lien ?........Yes without any doubt in any state and it's relatively inexpensive to do so.
2. Does it effect your home ?.......Yes without doubt in any state. The unpaid Lien will remain tied to your home right up until the sale of it or any refinancing etc... at that point it would need to be settled or paid in full for any sale or refi to take place. Same would apply for gifted property or estate transactions.
3. In many cases suppliers have the right to put a lien on your property if the contractor doesn't pay them, regardless of your payments to the contractor. Most invoices include fine print that reads along the lines of >>>> "All materials remain the property of the seller until such time as the invoice is paid in full". The later is particularly important in times of contractors filing bankruptcy.
4. In my state (NC) whenever work cost exceeds $30 K the general contractor is obligated to take out "lien protection" before any permits are granted from the building department, this specifically protects the home owner. The lien protection certificate is then placed in the work box and all contractors register with the lien company if they want protection from the GC for not being paid.
5. Is it worth a sub putting on a lien ? NEVER assume they won't, money and arguments over money can lead to spiteful consequences, while an unpaid lien ONLY gets the money to a sub or a GC at the time of sale or refi etc... it is still recorded against the home and can/will effect any financial transaction regarding the home, even though you are a third party and can prove payment.
I've seen subs put lien's on homes just to spite the GC, they know they will never see the money BUT they feel wronged by the GC and this is a way of "getting back at him" if only through bad mouthing.
I would be asking your GC for a letter stating that the dispute is between him and the concrete sub contractor including the reason for the dispute and the amount in dispute. If photo's exist of the pre and post "bad work" that would also be recommended to keep in a safe place. Lien's can be disputed and not granted if proof can be submitted to satisfy the court, this would then become a small claims dispute between the GC and the Sub.
Hope this helps
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