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Am i f-ed ? contractor / sub-contractor

R

rsutoratosu

Platinum Member
I had a retaining wall built, basically the contractor I got sub it out to someone else. The sub contractor just bang on my door looking for money because he never got paid, he has been looking for the contractor.

I paid the contractor, all contract paid and signed by everyone last november. Its basically 7 months later. Does anyone have a claim against me ? Im in nyc
 
you have no obligation to pay the sub

he's just looking to get paid and exploring all avenues. but i could see him "unbuilding" the retaining wall.
 
The way it works where I live, a sub-trade or material supplier must make a claim against the general contractor and project owner within 45 day of the work being completed. Then they would be able to make a lien claim against the property that you would have to deal with.

It looks like you have a much longer lien period in NY eight months!
“Notice of lien may be filed at anytime during the progress of the work and the furnishing of the materials, or, within eight months after the completion of the contract - See more at: http://constructionliens.uslegal.com/state-laws/new-york-construction-lien-law/#sthash.Ns4hVKWC.dpuf
Click to expand...
http://constructionliens.uslegal.com/state-laws/new-york-construction-lien-law/#sthash.Ns4hVKWC.dpuf
 
You may have an obligation to pay the sub if he can properly file a lien and had not previously waived his right to do so.
 
rsutoratosu said:
I had a retaining wall built, basically the contractor I got sub it out to someone else. The sub contractor just bang on my door looking for money because he never got paid, he has been looking for the contractor.

I paid the contractor, all contract paid and signed by everyone last november. Its basically 7 months later. Does anyone have a claim against me ? Im in nyc
Click to expand...

This is why you ALWAYS use a clause to prevent sub contracting the job out.
 
Contract law... Check your contract for clauses about subs coming after the owner if the contractor doesn't pay?
 
I'm not a lawyer. I'm also in Florida.

I went through something similar recently (still going through it) and I can tell you that unless your contract said you were responsible for paying subcontractors directly, you're in the clear. You have an agreement with your general contractor. Since you've paid, you've fulfilled your part of the agreement. The subcontractor has a separate agreement with your general contractor that has nothing to do with you.

If that guy shows up again, just kindly explain that to him. If he gets angry, notify him that he is trespassing and kick him out of your property.
 
I wouldn't listen to anyone here. Contact whatever agency regulates contractors in your state. They will give you the correct information, and may help you resolve the issue.
 
I would hire a new contractor to build a moat around your retaining wall.
Make sure you fill it with alligators.
 
D1gger said:
The way it works where I live, a sub-trade or material supplier must make a claim against the general contractor and project owner within 45 day of the work being completed. Then they would be able to make a lien claim against the property that you would have to deal with.

It looks like you have a much longer lien period in NY eight months!
Click to expand...

but it also says within 4 months after completion.. which is it.. hahahaha

8 or 4.. Well hopefully after july it'll be 8 months.. if I don't get anything in the next 20 days, I should be okay.. who knows..



however, that where the improvement is related to real property improved or to be improved with a single family dwelling, the notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within four months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished. N.Y. Lien Law §10. - See more at: http://constructionliens.uslegal.co...ction-lien-law/#sthash.Ns4hVKWC.ZwkBCJM4.dpuf
 
cabri said:
Was the prime contractor a fly by night or legit local?

Have you tried to contact them?
Click to expand...


Was legit local, I believe he had a gambling and drug problem

He did some work for me before, got everything done on time. 2 years later, he gave the best quote to fix a leaning retaining wall..

He sold his house which was about 5 blocks away and moved sometimes last year during the repair. So luckily all the work was done and I did pay in installments so when everything was done, I paid the balance.

My neighbor that just moved in actually used to hang out with this guy in high school.. but I guess he became an user much later on
 
I went through this when I was rennovating my house about 2 years ago. I paid the contractor and the subcontracted roofer came over several time looking for his money when the work was done because he he couldn't get in touch with the contractor for his payment. He even showed up with his big samoan worker and thought that would intimitate me. Like someone mentioned before, just tell him that he needs to take it up with the contractor and tell him to stop showing up at your place looking for money, if he give you problem then give him a warning about reporting his company to the authorities, just try not to escalate this into a even bigger problem.

Because of this and several incidents is why to this day I do not trust ANY contractor.
 
Omegachi said:
I went through this when I was rennovating my house about 2 years ago. I paid the contractor and the subcontracted roofer came over several time looking for his money when the work was done because he he couldn't get in touch with the contractor for his payment. He even showed up with his big samoan worker and thought that would intimitate me. Like someone mentioned before, just tell him that he needs to take it up with the contractor and tell him to stop showing up at your place looking for money, if he give you problem then give him a warning about reporting his company to the authorities, just try not to escalate this into a even bigger problem.

Because of this and several incidents is why to this day I do not trust ANY contractor.
Click to expand...

ANY time you do business in an area you're not familiar with whether it's medicine, catering or, construction, you need to educate yourself on the process and exactly what skills you are contracting for. All to often when dealing with contractors, consumers go into the process blind, ignorant and, expecting the contractor to not only know construction techniques and applicable codes but, also be knowledgeable on quality of components, interior decorators, landscapers, ergonomics, maintenance, architects and, their new best friend.

While there are plenty of shady contractors out there (about as many as in any other profession) most problems arise from consumers who do not know what they are actually contracting for and who have unrealistic expectations. Most contractors like most consumers are poor communicators.
 
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