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Can a homeowner pay the contractor's employee direct if the contractor doesn't pay them for their work?

WashingtonBond Claims

The roofing contractor said he would start on 9-26-2020. Finally started in late Oct. Left roof uncovered, rained into house 2 times from open beam ceilings. Water damage on cedar ceiling, hemlock wall paneling on walls. Now 4-1-2020 still not complete. Can we pay his employees direct for their work? Contractor let his insurance, bond, license etc. expire 1-19-20. Over 12 times said he would be out to work. Never showed. We have kept a log on dates, problems etc. If we pay him the amount owed how do we get him to pay for damages caused by his company? The contractor told 2 employees they we would get the balance due of the contract when the job was finished. He only recently hauled away most of the debris that was torn off. We have photos of everything. We had to buy additional metal roofing because some of it was missing from our job. He put TPO roofing on the flat roof, left it for over 2 mo. got wet underneath. Finally worked on it when we were going to file on his bond. In the process ripped TPO in several places. Employees patched it. No warranty on it now? Said he would work on it next day. Finally told HIM not to come back. Employees working on it. We trust them but not him.

1 reply

Apr 7, 2020
Considering all of the delays, damage, and licensing issues here - it'd be wise to consult with a Washington construction attorney about how to make sure you're made whole. From the sound of it, the project may be ripe for a legal dispute so getting out in front of that would be smart. Further, it'd be a good idea to review your contract to look for termination provisions and/or to cite specific contract terms that were breached by the contractor. That way, if payment disputes do pop up, that will provide support for the decision to fire the contractor. Even if there are serious issues with a contractor's performance, their termination should be done by the book.

Terminating a contractor and directly paying their workers

With that being said - an owner could certainly fire their contractor and ask the workers to stay on to finish the project. And, paying the workers directly could make sense there. If a contractor isn't terminated - paying their workers directly still might not be a source of huge liability. Potentially, that contractor could pursue payment claims. But, those claims should be diminished to the extent that the funds were going to be used to pay the employees. Plus, if the contractor isn't actually doing any work, making a payment claim could be an uphill battle. As mentioned above - it'd be smart to at least consult with a Washington construction attorney. They'll be able to look at your contract and provide analysis. Plus, they may be able to point out opportunities for you to be made whole, as well.
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