Home>Levelset Community>Legal Help>We have a General Contractor who we are about to sign a contract as a sub contractor for. He has his own contact that he wants us to sign and have that contract void all others. Advice on this??

We have a General Contractor who we are about to sign a contract as a sub contractor for. He has his own contact that he wants us to sign and have that contract void all others. Advice on this??

ArizonaConstruction Contract

We are about to do a final estimate and sign to do work for a General contractor who wants us to sign his contract and have that his sub-contract supersedes and cancels all previous contract , understandings or agreements between parties weather written, verbal or implied ( our estimate for work, pricing etc. )

1 reply

Nov 30, 2018

First, I should note that I won't be able to provide advice or tell you how to proceed - but I am able to provide information that might help you make that determination for yourself. If you're still not sure, it may be worth reaching out to a local contstruction attorney for advice on how to proceed - they will be able to review the documentation themselves and help choose a path for moving forward. Anyway, I'm not sure I totally understand the situation. If no work has been performed yet, and no contract has been entered into, cancelling and/or waiving all prior contracts between the parties should have little effect - there'd be nothing to cancel. Further, estimates and pricing likely do not constitute actual contracts or agreements, so just because any prior agreement would be cancelled doesn't mean that a subcontractor's estimates would go out the window. Even further - is the contract out of line with prior made estimates and pricing? If the contract is silent as to pricing + estimates, or if the contract is in line with prior estimates or pricing, then there would seem to be little danger in proceeding. But again, without a deeper understanding of the parties' relationship, and without actually reviewing the documentation, it's hard to know how such terminology might affect the relationship between the parties. If the language is concerning, it would help to consult a local construction attorney to review the contract and provide advice on how to proceed. Lastly, note that simply talking to the contractor about the issue could help clarify things - but also note that verbal assurances won't change what's in the contract or how the contract will affect the relationship.

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