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Contractor asking me to pay sub-contractor direct

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Posted by: from Airdrie
9/5/2016 at 11:19:17 AM

Hi,

My contractor is unable to pay his sub-contractor and has asked me to pay the sub-contractor direct from the next goal payment from our contract?

What should I do? The work has now stopped as the sub-contractor will not work until paid.

Thanks,

Doug

REPLIES (9)
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Date/Time9/5/2016 at 12:08:04 PM

Sub contractors can come after you for work unpaid if main contractor doesn't pay them or his suppliers. Pay sub once work is in writing and hold 25% till finished.

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Jeff from JTL Construction in Winnipeg
Date/Time9/5/2016 at 12:19:41 PM

Hi Doug,

Yes pay the sub as the contractor is showing good faith instead of him taking the money he is assuring you the sub is getting paid. Pay him in full and hold backs go against the main contractor.

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Date/Time9/5/2016 at 12:25:11 PM

You can pay to the sub-contractor however the main contractor has to sign off for each payment you make based on your contract with him, and never pay in advance at this point.

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Doug in Airdrie
Date/Time9/5/2016 at 12:27:17 PM

HI Thank you for the replies

My concern is I have already paid up to 70% of the work to the contractor and that should have been to pay the sub contractor as well.

The Sub-Contractor has not been paid for his last 2 weeks of work.

My next 20% payment is not due until after certain construction is done and I don't have a contract with the sub directly - I'm concerned if I pay the sub he could just walk and the contractor is out of town and wont take calls.

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Doug in Airdrie
Date/Time9/5/2016 at 12:35:31 PM

Here is the email I received from the contractor -

I'm away in the last 10 days for a personal emergency, but I'm taking care of your job. There was some minor complications, the granite people delayed and the plumbing needed some changes. I asked *** to help me with this issues and he is doing some of my work that I can't do by phone or emails. My brother will be in Calgary in one week and will take care of my business until I'll come back.

I need to pay **** some extra for his extra work, but unfortunately I couldn't make an electronic transfer to him, I tried and it failed. I need a favour, if you can give him 1500 and deduct it from my next payment. That will keep him happy until my brother will come and pay him.

Please let me know

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Date/Time9/5/2016 at 6:15:11 PM

Well I would say......being a contractor, I would pay the sub contractor as he is doing the work.

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Date/Time9/5/2016 at 6:38:34 PM

Hi Doug,

I agree with others on this "Thread" - pay the sub and since it's in writing direct from the main contractor to deduct the payment from his goal payment.

Lisa

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Americo from Amcor Group Inc in Keswick
Date/Time9/5/2016 at 7:28:55 PM

Hi,

Yes it's ok to pay the sub. Just hold back some money. The contractor is probably low on money.

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Doug in Airdrie
Date/Time9/5/2016 at 7:35:19 PM

Yea,

I think so as the plumber has not been paid either, I can't get a hold of the contractor by phone only email or text. The work has been stopped for over 2 weeks now and missing product.

I'm concerned if I pay more in advanced I have limited options.

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