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I have a question concerning the same General Contractor

Customer Question
that I previously asked the...
I have a question concerning the same General Contractor that I previously asked the question concerning the sound proofing. This same GC had his subcontractor install 3 windows for me. All 3 windows are not square and GC knows this but is not fixing the issue. I have a quote from another contractor that I am getting ready to send him. I have withheld my last payment and he is now demanding payment. I have asked for waivers and releases from the General contractors office concerning the subcontractors who worked on our project. His office person called back and said that they cannot give us proof of payment to subcontractors on our job. We know that from another electrician that I used that works for this GC that he has not paid him outside of our job. Does this contractor have to give us proof that all subcontractors on my job have been paid?
Submitted: 1 year ago.Category: Tax
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Answered in 8 minutes by:
3/28/2016
Tax Professional: Lane, JD, CFP, MBA, CRPS replied 1 year ago
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12,876
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
Verified

Hi,

...

I'm afraid, in THIS case, the contract may NOT be of help. If you don't have a contract that links payments to the completion of milestones, and a clause that allows you to cancel if your contractor fails to pay subs and suppliers, it's hard to hold them accountable.

...

(... may be stating the obvious here, but you can certainly - and have every right to - ask the subcontractors yourself)

...

Another issue, if you can prove that this was intentional, you have a criminal issue (crimes require intent).

...

AND sometimes letting the contractor know that you understand this, can be the leverage that gets them to act, or BE accountable.

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Tax Professional: Lane, JD, CFP, MBA, CRPS replied 1 year ago

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Lane
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12,876
12,876 Satisfied Customers
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986

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