Expert: Dick Dennis - 5/5/2009

Question
Hi. My mom and I had a house built for us on land that she owns. Our bank took care of paying the lead contractor installments of the money has we went ahead with the building of our house. What we found later, was that the money given to him to take care of building, expenses, responsibilities...he did not pay that money to his temporary help (i.e., sub-contract workers). The people who he hired for this project, successfully placed liens on our house. We have not been able to get this contractor to pay for his temporary help, and can barely reach him anyway. We do have an attorney, but we are told by him that there is nothing we can do but to settle with those people who placed the lien on our house...now we can not refinance. How can this happen, we did what we were suppposed to do in paying the lead contractor what was required through our bank? Shouldn't this be against the law to come up against the homebuyer, when it is the contractor who cheated?

Answer
As long as your attorney (I don't think much of him) is not willing to do anything, Christi, then contact your state board of contractors. They will make it so that either the contractor pays you or they will suspend his license. Then go and find a good REAL ESTATE attorney to chase after the contractor. I do wish you well.

Dick Dennis