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Old 03-28-2007, 08:43 AM   #1
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I'm concerned


The sub-contractor has complained to me twice that the builder I hired is not paying him. Do I have the right to question the builder? I'm concerned about a future lein from the sub......

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Old 03-28-2007, 09:16 AM   #2
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I'm concerned


Its between the sub and the GC. Of course, do not pay the sub directly. He may be trying to double dip and play on your sympathy. You do not know what the agreement was between the GC and the sub. Maybe talk to the GC and tell him what the sub said, thats all I would do.

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Old 03-28-2007, 10:25 AM   #3
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I'm concerned


But the sub can place a lien! Correct me if I am wrong on that. When I was working for/with another guy, the gc was unable to pay as agreed due to a partner stealing company funds. Gc had major problems. Heard later he took $100,000 out of his retirement to help make things right, so I guess he was a good guy. Had a good rep until this happened. Anyway, the ho paid us in that case and took it up with the gc. Check the laws. If the sub can place a lien, get it straightened out now! In this case, imo, there agreement is your business!
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Old 03-28-2007, 10:41 AM   #4
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I'm concerned


Thats exactly my concern, I wonder if I can get him to sign that subs for the job have been properly compensated.......I don't want to bring it up I don't have to because I don't want to plant ideas in the subs head......
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Old 03-28-2007, 10:42 AM   #5
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I'm concerned


if the contr don't pay the sub-contr... why the sub-contr continue to work for him then...

I think talk to the contr is a good start, scenario 1, if the sub-contr telling the truth... the contr should pay the sub-contr to stop him from talking it... if the sub-contr telling a lie... the contr will fire him and he should...
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Old 03-28-2007, 10:52 AM   #6
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I'm concerned


there have been work delays, the sub says cause he's not bing paid, the contractor says thats not true
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Old 03-28-2007, 10:56 AM   #7
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I'm concerned


I expect to meet with both today, am I breaking any rules or "code" by asking sub if he's being properly compensated by coontractor?
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Old 03-28-2007, 10:57 AM   #8
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then may be you should tell the sub-contr not to work for the contr if he is not getting paid. and clearly said you already paid the contr..... I know that may indirectly delay your project... but you wouldn't want someone to not get paid to work for you, would you.... as this is a serious claim.. if the contr didn't fire the sub-contr... it is more than likely the sub-contr is telling the truth...
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Old 03-28-2007, 11:05 AM   #9
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I'm concerned


Quote:
Originally Posted by mt232 View Post
I expect to meet with both today, am I breaking any rules or "code" by asking sub if he's being properly compensated by coontractor?

that is the best move to avoid back and forth.... Good Luck...
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Old 03-28-2007, 05:53 PM   #10
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I'm concerned


Quote:
Originally Posted by mt232 View Post
I expect to meet with both today, am I breaking any rules or "code" by asking sub if he's being properly compensated by coontractor?
The first option is for them to work this out and get back to you.

Obviously this hasn't happened, and has gone beyond.

Since this is effecting you, your project, and 'could' effect a lien on your home, then yes, you ultimately have a right to find out what the 'real story' is before things get worse and before such 'worse things' hit you in the face...so to speak...
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Old 03-28-2007, 05:54 PM   #11
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I'm concerned


As a home Owner...you are ultimately the guy at the top.
The guy paying everyone, you are the 'head honcho', and you have a right to know if there are problems effecting YOUR project....
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Old 03-28-2007, 06:20 PM   #12
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I'm concerned


Do not pay the contractor for the sub work until he produces a lien waiver from the sub contractor or you could get stuck paying the sub's bill twice.
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Old 03-28-2007, 06:24 PM   #13
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Quote:
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Do not pay the contractor for the sub work until he produces a lien waiver from the sub contractor or you could get stuck paying the sub's bill twice.
Very Good advice.
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Old 03-29-2007, 09:39 PM   #14
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I'm concerned


Sorry to hear about your situation.

Keep in mind that in a Contractor Sub-contractor situation that the sub works for the contractor not you. If he is discussing finances with you this is bad business on the subs part.

Of course not paying the sub is terrible business on the generals part.

I suggest that try not to get into the middle of this and simply and loudly if necessary insist that general handle this situation immediately.

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