Subcontractor under a fired General Contractor. Can I continue on the job?

Asked almost 3 years ago - Fresno, CA

I am a subcontractor on a construction job. The owner of the property has fired the current General Contractor(GC) and is hiring a new one. He wants me to work under the new GC. The 2 parties are going to court and the original GC states that the owner may not continue to use his subcontractors in his letter of intent to sue. I never signed a contract with the GC or the owner. What are my legal rights to continue working on this job? Do I risk litigation by continuing to work for the owner of the property under the new GC?

Attorney answers (2)

  1. George William Wolff

    Contributor Level 13


    Lawyers agree

    Answered . You probably can safely work for the new GC, but get a written contract with him to protect yourself, and make sure you get paid.

    You could also ask for a clause in the new contract requiring the new contractor to "defend, protect, indeminify and hold you harmless from any claim,cost, cause of action or liability" to the former GC arising out of or in any way related to your signing the contract with the new GC.

    George Wolff

    This is NOT legal advice, just a general discussion of the law, as we are not familiar with the specific... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . The fired contractor has no right or ability to interfere with you continuing to work on the job.

    As the other attorney answered, you should make sure you get a written agreement with the new contractor or enter into an agreement directly with the homeowner.

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