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As a subcontractor can I deal directly with the homeowner

I was hired by a general contractor to perform an electrical work (residential property) in Chicago. I had a written contract with the GC. The final inspection was approved three weeks ago. Now the GC does not want to pay the remaining balance ($6,000). In addition, I have received three NSF checks from the GC in the past and I know that some of the other subcontractors have not been paid for a long time.

Do I have a right to request the homeowner to pay me directly and then she can deduct the paid amount from her final payment to the general contractor?
I would greatly appreciate your advice.

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Attorney answers (1)

Reputation Level 12
Your question is whether a subcontractor can deal directly with the owner of the property on which they are working. The short answer is "yes," but there are a number of points to keep in mind.

First, a subcontractor must seek payment from the general contractor before attempting to collect from another party such as the homeowner.

Second, since a subcontractor does not have a contractual relationship with a property owner, the only way to secure payment is through the imposition of a mechanics lien on the subject property.

Third, a subcontractor has only a limited period of time in which to claim their mechanics lien rights before those rights are subjugated to those of others (such as the mortgage company) or extinguished altogether.

Finally, if the homeowner is willing to pay you directly and offset that payment against the general contractor they may do so - but they do so at their discretion. However, it is property for them to deduct sums that they paid directly from amounts the GC might demand.

There are a number of other points to raise here, so if you have additional questions feel free to contact our office. I hope this information has been helpful.

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