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

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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 10 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.


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