Are there federal laws that apply to sub-contractors suing contractors?

UPDATED: Dec 8, 2011

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Are there federal laws that apply to sub-contractors suing contractors?

I was hired by a sub contractor 5 weeks ago. I went to work immediately, until things went bad. They made physical threats toward me and the contractor agreed to take them off the job and give it to me to finish, considering I was already doing the work. I was supposed to get a meeting to discuss the transfer of the contract. Instead the sub lied and the contractor helped them take the job back from me with out any cause. Now the sub had sold his interest, and I have not been paid and the contractor says I’ll be in contempt of a federal law to file to sue him. Any truth to this?

Asked on December 8, 2011 under Business Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless the contract for the work of improvement is with a federal agency, the laws applicable to contractors and sub-contractors are governed by state law under the 10th Amendment of the United States Constitution.

From what you have written, I know of no law prohibiting you from suing the general contractor under a work of improvement contract. If you have pre-liened the property for the work of improvement that you peformed, I suggest that you perfect the lien. If you are unusure of the lien process, I suggest that you consult with an attorney experienced in construction law about your situation and a possible suit against the general contractor for not paying you what is owed.


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