Have contractors' employees certify they were paid in full

Q: What about the employees of the contractor and subcontractors who work on my home? Do they have to sign a lien release? And does it have to be notarized?

A: Many consumers fail to realize that employees of a contractor have the right to sue for payment directly from a homeowner even if the homeowner has already paid the contractor in full.

The "pay twice" circumstance is rare, but the unpaid employee usually wins in court.

Solution: Although it may sound radical, there is only one proof-positive method of prevention. The homeowner should require the contractor to insure that all employees on the job sign an attendance roster daily. Then, insist that the contractor have those same employees acknowledge that they were paid in full.

A convenient way is by (the employee) attesting to same on the back of the contractor's lien release form (a simple signature will do). The employee is stating that he has been paid. He is not giving up his right to lien, because he never had it in the first place.

In answer to the other part of your question, lien releases do not require notarization to become a legal document, but cannot be successfully used as evidence in court unless a notary public has provided a "blessing."

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