Legal Question in Construction Law in Texas

Re: Owner's use of subconstractors

To give an accurate answer it will be necessary to review the contract. However, ordinarily the general contractor has the exclusive right to use the subcontractors of his choice, but contracts frequently have clauses which address the problem that you mention.

You should contact the contractor immediately about this concern. Hopefully, the subcontractor for the general contractor has not already commenced work. If you are willing to pick up the additional cost, most reputable contractors will have no problem with the change, provided that it does not increase his cost, and he is satisfied that the substitute subcontractor will do acceptable quality work. I foresee one potential problem. The contractor may have negotiated a cheaper price with his subcontractor, or he may be exposed to a breach of contract claim for firing his subcontractor, and you will have to work out the differences in costs, including any damage claims that might be asserted by the original subcontractor.

Re: Owner's use of subconstractors

I am not familiar with that particular contract, and so cannot give you a firm answer. I suggest you first discuss this with your general contractor. You may have to pay extra for the sub your GC has engaged, but your request isn't unreasonable.