Ifmy contractor is not paying his subs, am I responsible for the monies owed?

UPDATED: Mar 9, 2012

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Ifmy contractor is not paying his subs, am I responsible for the monies owed?

My general contractor has not paid his subcontractors and now he is filling for bankruptcy. At least 3 different subs that I know of are out a total of $25,000. Am I going to be responsible for paying these people even if I have no contract with them and owe the GC only $6,000 (which I have been holding back waiting for waivers from the subs, not knowing the amount he owed them).

Asked on March 9, 2012 under Real Estate Law, Massachusetts


Keith Langer / Keith G. Langer, Attorney at Law

Answered 11 years ago | Contributor

Much depends upon the terms of your contract with the GC and his with the subs. Note that if his contract with them did not include a waiver of mechanic's liens, you may have to pay his subs to clear your title.

You need to have an attorney review the contracts to ascertain your liabilities and rights.

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 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.

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