What ca I do if I’m a plumbing contractor and a general contractor won’t release what they owe us?

A house we did for the builder had a leak that caused some damage and our insurer was informed. However, they saw lot of red flags on this claim, as did I. The builder held our money from other jobs because of damages in amount of $85,000. His insurance company paid out for him and now it’s a battle of insurance companies. Can they still legally be able to still hold our money owed to us?

Asked on November 29, 2018 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The GC's obligation to pay you for the work you did is separate and distinct from any issues they have regarding being paid, damages claims, etc. They cannot legally withhold or refuse to pay money for work you did for them and which has been cometeted successfully (such as other jobs). If they won't pay, you can sue them for "breach of contract" (for violating their obligation to it you for the work you did for them) for the money.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.