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Can a sub-subcontractor sue a general contractor for payment

South CarolinaLawsuitMechanics Lien

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

2 replies

Jul 30, 2018
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.
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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
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