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Paper trail before I pay a subcontractor directly?

North Carolina

I (homeowner) owe 25% of the remaining contract on a remodel job. There are still a few items left but it is nearing completion. Major subcontractor on the job told me he hasn't been paid even though he completed his portion a month ago. Bad blood currently between them and he doesn't trust he will ever be paid. Contractor's partner called me today and told me to pay subcontractor directly (about half of remaining amount owed). I am happy to do this but am nervous without some sort of paperwork signed by contractor or his partner. Can I write up a contract addendum and ask contractor to sign? Would that protect me adequately if contractor claims I didn't pay full amount? Any particular wording I need to include?

1 reply

Jul 14, 2020
It'd be wise to draw up some paperwork before directly paying your contractor's sub. Something simple should do, as long as it's signed by both you and an authorized representative of your contractor. Reflecting that you'll be paying their sub directly and deducting the contractor's pay by a proportionate amount shouldn't require complex language. Still - it'd be wise to collect a lien waiver from the subcontractor and from the contractor once both have been paid in full. And, if you're nervous about the transaction, then consulting with a local North Carolina construction lawyer should make sure everything's done by the book.
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