Is a contractor responsible for paying subcontractors even if the homeowner hasn’t paid them?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a contractor responsible for paying subcontractors even if the homeowner hasn’t paid them?

Asked on January 6, 2012 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Guidance on this question requires more information but I will try and help.  First, if you have a contractor I am assuming that the contractor is the one who hired the subcontractors, correct? Then "technically" he or she is the one that is obigated to pay them under their agreement or contract.  But here is the kicker: the subcontractor can file a mechanics lien against the house if they are not paid so really you lose out no matter what.  If you paid the contractor for the work and they failed to pay the subs then you can sue in various ways to get rid of the lien and to pay the subs.  Seek legal help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption