Legal Question in Construction Law in Virginia

we are a material supplier, we detail, fabricate and furnish the rebar materials to a Precast company to incorporate our materials into their precast walls for a specific project, the they deliver the walls to the jobsite.
The precast company signed a contract with General Contractor, we signed a P O with the precast company for this specific project. The precast walls are then delivered to the jobsite but want be placed by the precast company.
Would the precast company be considered a subcontractor to the General contractor, thus making our company a supplier to the Sub?
We are wanting to distinquish what defines a subcontractor in this situation. Are we a supplier to a supplier which makes us not a claimant under the private payment bond or are we considered a supplier to a Sub which gives us a right to claim under the payment bond?
The payment bond reads claimant's being: subcontractors, sub sub contractors, materialman to the subcontractors, etc.
This project is taking place in Virginia, but we will also have another project identical in Florida.

Asked on 1/17/11, 1:19 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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You would likely be considered a materialsman to the subcontractor (precast company).

Answered on 1/22/11, 2:01 pm

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