回复：Help!! General contractor are not able to pay sub contractor

建議您仔細讀一下這兩段資料

資料來源

http://www.enotes.com/everyday-law-encyclopedia/contractors-liens

Contractor's Lien

A contractor's lien, often known as a mechanic's lien, or a construction lien, is a claim made by contractors or subcontractors who have performed work on a property who have not yet been paid. A supplier of materials delivered to the job may also file a mechanic's lien. In some states, professionals such as architects, engineers, and surveyors may also be entitled to file a lien for services rendered.

The priority of liens on a construction project does not depend upon the time of completion of the particular job, but rather everything relates back to the first visible commencement of the work. This stipulation means the final work, such as painting, is equal in priority to the initial work of laying a cement foundation. Therefore, during the entire work of construction, the owner must obtain lien releases or waivers of lien from each SUBCONTRACTOR and material supplier. Without these waivers or releases the real estate is subject to liens of all the subcontractors, even if the general contractor, though paid in full, fails to pay the subcontractors.

In some states, contractors and subcontractors must notify the property owner prior to filing a lien, but in other states such liens can be filed without any notification to the owner. Lien claimants who are contractors or subcontractors are protected under this legal doctrine because all their materials and labor are "buried" in the real estate, having become part of it. Unlike mortgage liens, however, the liens of these claimants cannot force a foreclosure

State Rules Regarding Contractor's Liens

FLORIDA: In cases where the contractor does work and is not paid by the owner for the full amount that is due, the contractor can file a lien against the owner's property. The Claim of Lien must be filed with the Clerk of the Circuit Court in the county where the property is located within 90 days of the date the contractor last performed any labor or services or furnished materials. The contractor is not required to give a Notice To Owner as a condition for obtaining a lien against the owner's property. However, if the contractor is entitled to receive his final payment, the contractor must give the owner a Contractor's AFFIDAVIT before any lien can be effective. A Contractor's Affidavit must state that all subcontractors, sub-subcontractors, and material suppliers have been paid. If all subcontractors have not been paid, the Contractor's Affidavit must list those who remain unpaid and the amounts due. If the final payment is due, the contractor has no lien rights until the Contractor's Affidavit is given to the owner.

If the direct contract for the entire job between the owner and the contractor is less than $2,500, subcontractors and suppliers who do not have a direct contract with the owner have no lien rights on the job. Only the contractor (the person with a direct contract with the owner) can file a lien on jobs of less than $2,500. Design professionals may file liens, and lien rights may exist even when the design was not used.

所以回答您現在的問題如下

(A)上面的資料已經說明的很清楚您所會面對的問題,同時除非您過去在付清工程款時取得所有承包商給予您的 Release of lien 現在是你的責任需要付清所有的款項來避免上述這些問題的發生.

(B)您沒有選擇,如果您要收回所有額外支付的費用,同時如果對方拒絕理賠,訴訟是您唯一的選擇

(C)建議您仔細讀一下這個資料,這是為什麼您必須立即處理這個問題而不能與承建商互推皮球的主因.

http://www.myfloridalicense.com/dbpr/pro/cilb/documents/florida_lien_law.pdf