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I want to make sure if we are considered the General Contractor of Sub Contractor

We we do foundations and driveways for for Gehan Homes. The question is, not all homes are sold when we start the job. I believe people close on their homes once the home is totally build. Some homes are just build then sold with no potential buyer. I'm not sure if there are homes that have already been bought when we start the jobs. Just want to make sure we have the correct title when we sent the Notice to Indent.

1 reply

Mar 24, 2020

This is an important and tricky issue, however your question title seems different from the question asked, so I'll try to address both. If you have a contract with a home builder that is building a spec home, you are a subcontractor regardless of what occurs with the title of the home during or following your contract. If you have a contract with the actual home owner/end user, you may very well be considered a prime contractor. It appears from what you have described that you are a subcontractor, but if payment is at issue here, I cannot recommend strongly enough hiring an attorney to assist you in handling your non-payment scenario. If you are unsure as to who the "owner" is in a given scenario, I recommend sending your notice letters to BOTH. Language in the private lien statutes requires you to send notice to the "purported owner", but it is better to be safe than sorry and send notices early, often and to all potential owners involved. Very best, Ben House 281-762-1377

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