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A subcontractor named me in a lawsuit for payment on a job of which I am not the GC. What is my best course of action?

PennsylvaniaLawsuit

I wrote an estimate and work orders using my company letterhead for a general contractor. He was to use the documents to run the job and outline what could be paid to each subcontractor per trade. I did not invoice for this service or receive any compensation. Now that the project is complete, a subcontractor who has not been paid is filing a lawsuit against myself and the GC for payment.

1 reply

Nov 9, 2018

I'm sorry to hear about that! One option may be to reach out to the claimant and/or their attorney and informing them of the situation and asking them to remove you from the suit. Hiring a lawyer to manage this process could be helpful and speed things up. Another option could be to send a more formal demand or request to be removed from the suit, and including a statement from the general contractor could go a long way toward proving you had no involvement with the project. Again, having attorney help here may not be necessary, but it could definitely help with the chances of success. Finally, filing a Motion to Dismiss could be effective to have yourself removed from a lawsuit if the other party is unwilling to release you from the claim. In order to file a Motion to Dismiss on behalf of a business, an attorney would be necessary to appear in court and file such a motion - and, naturally, additional costs might be incurred.

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