NEED OPINION ON a LEGAL MATTER?

Question

my husband is a sub contracter and was not paid on his job...who is responsable,,,,the person who subed the work to him or the actual homeowner where the work was done?

Answer 1

Technically your husband had an agreement with the contractor, and the contractor, by virtue of that agreement is legally responsible to pay the salary. However this is a general rule and can be altered depending upon the contents of the agreements.
The safest way to ensure that he doesn't get shafted is to sue both the contractor and the homeowner and ask the judge for a "joint and several" judgement against both parties.
The Judge will decide based on the facts and order one or both parties to pay. If the homeowner paid the contractor, then the judgement will be rendered against the contractor. If the contractor wasn't paid then the judge will probably issue a joint and several judgement enabling you to collect the outstanding amount from either or both parties. The amount collected is not to exceed the amount owed(ie. you can't collect the full amount from both.)

Answer 2

The contractor, not the homeowner, although asking the homeowner for payment would probably generate enough heat against the contractor that your payment would finally appear!

If the homeowner gets wind that people didn't get paid and there might be liens going in place against his property, he'll start making some phone calls and will be in a better position to argue with the contractor, especially if the job hasn't been paid in full by him yet.

Answer 3

The person that hired him. I would check with your state law on it, if he does not get paid he might be able to put a lien on the house that the work was done on. This would force the homeowner to pay or the original contractor to pay up if he is looking to get sued from both ends (husband & homeowner).

Answer 4

well if the person who subed the work to him also got screwed from this homeowner...your husband needs to join in the suit against the homeowner. So he should join together with the main contractor and fight togethe...not against each other.

Answer 5

You need to consult with a local attorney on this. In most cases, the property owner is only liable for the contract with the general contractor and the general is responsible for paying the subcontractor.

However, most states have laws that allow subcontractors to record a mechanic's lien if they follow the proper procedures. The subcontractor cannot sue the owner for breach of contract, but the sub may sue to foreclose on the lien.

Subcontractor lien claims are usually subject to short time deadlines and strict procedural requirements. Check with a local construction attorney ASAP for further advice.

Answer 6

The general contractor is responsible since homeowner did not hire him. Could try to put a lien on the general contractor or home until it is resolved.

Before try that though call the homeowner..if they think their home will be in jeopardy due to non-payment they can go medieval on the general contractor

Answer 7

This is what you call a back to back contract. The party who subbed your husband is directly responsible to him in all matters. Which means, they are the ones who should pay your husband his wage, not the developer of the project.

Yes, even when the developer is not paying the main contractor, that's their problem. The main contractor is still obligated to pay the sub contractors.

Answer 8

Look at the contract your husband signed. It can go either way, but the more common event is that the sub-contractor is paid by the contractor.

Answer 9

The Subed he is , your husband needs to see the original contract.

Answer 10

The person who contracted him though you can also get money from teh homeowner if that person doesn't pay. Take both to court, it's the American way.