Having a building built by a contractor is kind of
like having the doctor do an operation on you...
They have sub contractors, If you don't think so,
remember when the bills start coming in after your
operation? Bills from people you never met. But they
were in the room while you were being operated on.
Consultants, and etc.
The difference is that Dr's don't pay the sub contractors,
they send you the bill, and you or your insurance
company pays it. With building contractors, they get
the bulk of the money and THEY pay the sub-contractors.
At least that is the way it is suppose to be.
But just recently, my daughter had a problem. She open
a letter that announced that if she did not pay this sub
contractor who poured the cement in her new shop, they
were going to put a lien on her property within 15 days.
A LIEN??? She paid the contractor, she paid it in full.
What lien? It seems the main contractor was a little
slow paying the sub-contractor. So the sub-contractor
wrote the letter of intent of the lien. Seems there is a
fine line Idaho state code law that says that can happen.
My daughter was upset to say the least. She told the
sub-contractor that she had paid the bill in full the to
main contractor, and the state code says IF the owner
had not paid. She paid. It went on deaf ears, as he did not
get his money. So in his world... she did not pay.
So she did just what he intended for her to do. She went
screaming at the main contractor... who apologized that
the bill had not been paid. Was going to do it at the end
of the month. She told him under no uncertain terms that
was not going to happen. She paid 2 months ago, and he
was going to pay NOW!! So he promised he would do so
the next day. She wanted a faxed paid in full asap.
Next day at 4pm... still no faxed. She called and he called
back. Something came up and he would do it at 8am the
next day. Which he did, and get got the fax.
But the question is... if you pay your main contractor and
he has problems, and doesn't pay his sub contractor... are
you responsible? Where does the law stand on this?
So do you ask when you are getting ready to sign that
contract for the building... who are your sub-contractors?
How fast do you pay them after the job is done? Will I be
held responsible if you don't pay your sub-contractors?
If you don't like the answers or are leery... maybe you
should have it written that they will pay their sub-contractor
with in a week and you will not be held responsible if things
go wrong between the two of them...
Life is such a learning experience, even when you think you
know what you are doing...
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