Legal Question in Credit and Debt Law in Missouri

Contractor non-payment to sub-contractors

In 2002 I contracted with a landscape company to complete a very large project. All payments have been made and our agreement fulfilled.

Yesterday, I recieved a bill from a sub-contractor, electrician, indicating that I owe them $3,665.89 for electrical work done on behalf of the main contractor.

I would assume that I am not liable to pay this since we did not contract directly with them, and have already paid the main contractor for the work.

Please advise.


Asked on 4/08/04, 10:35 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Contractor non-payment to sub-contractors

That could prove to be a very costly assumption. You should immediately contact the general contractor and make sure that the general contractor paid the sub. If he did not, and you have fully paid the general contractor, you need to ensure that the sub contractor is paid so that you don't wind up with a lien placed on your property. That can happen without your knowing, sometimes.

Call the general contractor and follow up.

I always recommend that when you are using a general contractor that you get a payment and performance bond from the contractor before work begins so you can be sure that all your subcontractors are paid and your property is free and clear.

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Answered on 4/08/04, 6:15 pm


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