Re: Owner Not paying General Contractor

More | Report Post

On 11/13/08, Jen Marris wrote:
> My welding company does a lot of work for a general
> contractor, on one particular fast track job they asked us
> to do the metals contract as normal but they also asked us
> to subcontract out the plumbing, HVAC, and concrete
> contract b/c they had too much going on and couldn't
> handle it all. We did. Everything was paid except for the
> 10&37; retainage. We entered into an A101 contract with the
> general so my lawyer says we can't do anything until the
> owner and the general go to court, owner isn't paying due
> to lack of funds at firts, now he made something else up.
> Unfortunately we did not put anything in writing with the
> HVAC, plumbing, and Concrete contractors we hired but they
> knew the job was PAID WHEN PAID and we didn't pay them b/c
> we weren't paid and we weren't paid b/c the general
> contractor wasn't paid. Now they are threatening to sue
> b/c they know they can go after us b/c we had no contract
> other than verbal. Any suggestions???

It's an attorney's dream -- a half dozen parties with a cause
of action against each other and a piece of real property
that can be attached for payment.

One of you guys needs to explore a mechanic's lien. That
should at least get the owner's attention. If the owner
actually owes money to someone for work completed, he/she
would be very foolish not to settle up. The lien process
differs from state to state and you will need solid legal
advice from an attorney in your state.

In the future, I bet you will remember that a written
contract is cheaper than paying a lawyer to settle your
verbal contract in court.