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Contractor brought in subcontractor to do work.

Huntington, NY |

Hired contractor to do work on my home and he brought in a subcontractor and this was no problem. I was told to pay subcontractor directly and that I would expect costs to be deducted from final balance of contractors agreement. The subcontractor was paid for the services and now the main contractor is stating that costs expended/paid are over his allocations. Now the main contractor is trying to involve me in settling the dispute. Is this my responsibility to settle? Or do I pay the main contractor the balance owed minus the funds expended on the subcontractor?

I have what was outlined within the quote and funds have been exchanged with the contractor. He has several projects a lot larger than mine and he sent sub contractor to me. Now the costs have submitted to him from that he states are not what he had allocated within our costs. Wouldn't or shouldn't that be briken out with the sub before sending them to me? I think because of the other projects this one got away from him and he turned over too much of the project.

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Attorney answers 1


Have you got a written contract? If so it would be with the contractor, not the subcontractor, and you're right, any dispute between them is not your responsibility. Pay the contractor only what you agreed to pay for the job, less any payments you've already made, but don't do that without getting an unconditional release and waiver of lien from your contractor which states that all subcontractors and vendors have been paid in full.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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