What action can I take as a builder against a subcontractor who is not completing work to my satisfaction?

I hired a painter and he is 85% done with the job. Some of the work is poorly done and I want him to redo it. The punch list is not complete and he is telling me he is done with the job. We are scheduled to meet next week to review what I want completed and see if he will agree. I have not paid him completely for the job and will be able to get another sub to finish it with the money I have left. What can I do to protect myself against him placing a lien on the property? Am I required to pay him for work I am not satisfied with?

Asked on September 3, 2011 under Employment Labor Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your subcontractor has failed to do the painting work as required in the industry in an acceptable manner you as the general contractor can require the subcontractor to re-do the work so that its quality meets industry standards. To further assist you, get the property owner for whom the painting is being done for involved.

If the property owner is not satisfied, he or she will understand your frustration with the subcontractor.

If you have a written contract with the subcontractor, read it carefully in that its terms and conditions control the obligations owed to you and vice versa with your subcontractor in the absence of conflicting state law.

Another option is to contact your state's contractor's licensing board for guidelance as how to deal with the problem subcontractor.

You are not required to pay for sloppy work. If the subcontractor liens the work of improvement, support the property owner in the dispute.

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