Can a business pay another subcontractor for my work

UPDATED: Oct 1, 2022

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Can a business pay another subcontractor for my work

I am subcontracted and have the work orders to prove my work. The company I did the work for wrote a check to my subcontractor. I pay him for his portion of the work. They are now not paying me even though the work orders are in my name. Can they pay someone else for the work that I did and that is in my name?

Asked on February 16, 2018 under Business Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They can pay your subcontractor for you, sure--but they still have to pay you. That is, they have to honor their agreement with you (whether written or oral) to pay you for the work you did, and if they do not, you could sue them for the money for breach of contract. You would show in court the terms of the agreement and the work you did; if you do that, you should get a court judgment or order requiring them to pay you. They can't get out of paying you by saying they paid the subcontractor: they have to you what they agreed contractually to pay.
Now, as long as they honor their agreement to pay you, they could also pay your subcontractor if they chose, the same way I could choose to pay for a stranger's dinner in a restaurant--though even if I do, I clearly have to pay for my own meal, too.

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