I was working for another subcontractor and the general contractor say he do not owe the subcontractor I was for no more money as of Dec. 30 2017 . I did not starting until April 2018 . The general contractor say they done paid him in full
First, it's worth noting that a mechanics lien - or at least the threat of one - is a good way to compel payment without having to file suit. Notice may or may not be required prior to filing a South Carolina mechanics lien - and whether or not notice was sent will determine if a lien filing would be effective. You can learn more about the South Carolina notice requirements here: South Carolina Mechanics Lien Law: 5 Things to Know. Regardless of whether filing a mechanics lien will actually be a valid option, when unpaid, sending a document like a Notice of Intent to Lien to your customer, the GC, and the owner will often compel payment - or at least start the discussion. Because a lien filing is such a drastic recovery method, recipients often cannot afford to ignore the threat of a lien filing. Plus, since a Notice of Intent to Lien is inexpensive, a claimant may still pursue some other remedy (like a lien claim or a lawsuit) if payment doesn't come. Anyway as to the question at hand - a sub-subcontractor may be able to sue the general contractor depending on the circumstances. But it's important to remember that because a sub-subcontractor does not have a contract directly with the general contractor, that sub-subcontractor will not be able to make a claim based on a contractual relationship with the contractor (like a breach of contract claim). Thus, if a lawsuit is the desired route, suing the party who failed to make payment might be more fruitful than suing a general contractor. If that's not possible, or if a sub-subcontractor would prefer to go after the higher-tiered parties, there could potentially be legal claims against those parties, depending on the specifics of the situation. If a lawsuit is the desired path, it would be wise to consult a local construction law attorney and provide them with all relevant information, documentation, and communications relating to the potential claim.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...
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Greg B
Apr 15, 2021
If My contracting firm performed work for a facilities management company and they say I have to invoice them by a certain date do they have the right not to pay me? What are our rights if they dont