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Should the General Contractor be aware of the relationship/situation I have between myself and the subcontractor?

Massachusetts

As an independent contractor, I was hired by the electrical subcontractor; SCS Inc. to assist them in acquiring new contract jobs with General Contractors from my personal network. I was successful in establishing a relationship with a GC, and ultimately acquiring the electrical contract job for my client; SCS Inc. I facilitated the singing and agreement between the General Contractor and subcontractor. The agreement established between me and my client the subcontractor; SCS Inc, is to be compensated a set percentage (10%) of the job acquired through my services. The owner of SCS Inc has declined to compensate me for my services, and therefore is in breach of our mutual agreement. To my knowledge, the GC is not aware of the situation and does not know that I am personally owed by the subcontractor. As I file a Notice of Identification both parties, the GC and Sub will be notified of my claim and my intention to ultimately file a lien. Should I contact the project manager (General Contractor) prior to filing, or just proceed and see how it plays out? The project takes place in Massachusetts.

1 reply

May 27, 2021
Based on this scenario, I would say you can't record a mechanic's lien. You are a salesperson for the subcontractor. You have not worked on the job. You have to perform construction or design work to record a lien. Feel free to call me. Sincerely, Andrea Goldman Law Group 60 Austin Street, Suite 210 Newton, MA 02460 617-953-3760 agoldman@goldmanlg.com www.GoldmanLG.com“Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com "Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com
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