Legal Question in Construction Law in Virginia

Construction defects

If general contractor fails to pay subs or suppliers and homeowner pays them directly in order to avoid mechanic's liens, is general contractor owed the management fee specified in the contract? Has this issue been litigated in Virginia or elsewhere?


Asked on 4/11/08, 5:14 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Construction defects

Without reviewing the actual language

of the contract itself concerning the management fee, it would be difficult to say, but chances are the two issues

are separate and unrelated(and therefore one cannot likely be claimed as an offset against the other). And, if so, the owner's remedy would be to sue

the general contractor at law to be reimbursed for these payments to the subcontractors and materialsmen which should've been paid by the general contractor.

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Answered on 4/14/08, 10:42 pm


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