I am sorry to hear you are having this problem. You have valid questions. What is the answer from the contractor? Best thing to do is speak with your attorney. If you don't have one you can use a legal service for a consultation sometimes.
Here is the number-- Lawyer referral (713) 237-9429 and for a small fee they will do a short consultation. It may or may not help but I hope it does you some good.
If you have any real estate questions then call me and Good Luck. Very truly yours, Kathleen (281) 799-4002
Green Dawn Realty
All done through "reputable" builder with gold star rating at BBB. There are just no guarantees unless you pay yourself.
Since lien laws differ in every state, you will want to talk to an attorney to discuss your options. But I respectfully disagree with the suggestions above. Even if you ask for a holdback AND have the contractor sign a lien release or waiver, it still is as worthless as the piece of paper signed....nothing prevents the contractor from lying and telling you he's paid everyone, and the lien release signed by the contractor does not prevent third parties whom he hasn't paid from filing a lien. The best way to protect yourself is to ensure the contractor you hire is reputable by asking for references from both clients and major suppliers.
My best wishes to you!
Real Estate Brenda