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

Answers:

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.


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.