What if sub or supplier isn't paid

[BillG]

What is the name of your state? California
My wife and I are going to have our retirement home built buy a contractor. I remember reading, a long time ago, about how to protect yourself in case your contractor does not pay his supplier or his subs. I am sure that will not happen in our case as we a contracting with a very reputable guy. But, what do we need to do to protect ourselves from a sub or a supplier coming to us for payment if the contractor does not pay them?

 

[I AM ALWAYS LIABLE]

What is the name of your state? California
My wife and I are going to have our retirement home built buy a contractor. I remember reading, a long time ago, about how to protect yourself in case your contractor does not pay his supplier or his subs. I am sure that will not happen in our case as we a contracting with a very reputable guy. But, what do we need to do to protect ourselves from a sub or a supplier coming to us for payment if the contractor does not pay them?

My response:

What is the total cost of this project?

IAAL

 

[BillG]

Probably about $400K

 

[I AM ALWAYS LIABLE]

Probably about $400K

===================================

My response:

Okay, so you're going to spend $400K, plus, and you're coming to a Free Advice site concerning such an important area of law, and your legal protection? Does that make any sense to you?

I could write pages concerning the various permutations of California lien laws, and their effects on you and your project. But, in my opinion, you would be better served by spending a paltry $200.00 for a local attorney's time (one hour) to discuss all of the variables and pitfalls with you, and to obtain the forms you'll need.

Now, doesn't that make more sense to you?

IAAL

 

[BillG]

Probably about $400K

===================================

My response:

Okay, so you're going to spend $400K, plus, and you're coming to a Free Advice site concerning such an important area of law, and your legal protection? Does that make any sense to you?

I could write pages concerning the various permutations of California lien laws, and their effects on you and your project. But, in my opinion, you would be better served by spending a paltry $200.00 for a local attorney's time (one hour) to discuss all of the variables and pitfalls with you, and to obtain the forms you'll need.

Now, doesn't that make more sense to you?

IAAL

Yes it does make sense to me and I plan to do that. Just thought I would start here since this is a whole new experience for me.

 

[HomeGuru]

Oh brother. Talk to your attorney about lien releases.

 

[klupammo]

OH for shame. As usual, HG falls back into the trap of disassociation, desensitization, and useless sarcasm. You really ought to work on that.

This place is called free advice for a reason. It is FREE! Unfortunately that means we must deal with your useless banter.

BillG, don't give up because of one individual's insensitive reply to a valid question.

 

[klupammo]

Look up Troll. You will find the definition closely matches the reply actions HG tends to post.

While it is obvious HG has intelligence, it seems HG enjoys short, sarcastic, uninformative responses. That fits more into the Troll definition.

 

[I AM ALWAYS LIABLE]

My response:

Klupammo, we're all deeply distressed and sorry that you didn't like it here on FreeAdvice. Have a nice vacation.

IAAL

 

[BillG]

Thanks klupammo I agree.

I do appreciate the free advise from this forum but I would appreciate it even more if questions could be answered without an attempt to make someone feel like an idiot for asking the question.

 

[I AM ALWAYS LIABLE]

I would appreciate it even more if questions could be answered without an attempt to make someone feel like an idiot for asking the question.

====================================

My response:

When you're spending 400K, or more, and you have serious legal questions for "a whole new experience", and you come to an Internet Advice site, without FIRST seeing your attorney for a paltry $200.00 fee, by comparison, to protect that HUGE sum of money, what would you call that?

Prudent?

Careful?

Safe?

or Idiotic?

IAAL

 

[klupammo]

As I said before, this is a Free legal advise forum. My point is this. While some questions may be idiotic to others, they are not to the individual asking the question. It seems that some on this forum forget that.

BillG said he was contacting a lawyer. It seems to me that he is simply asking for an expanded view on his situation....for free on a free forum. Hmmm. Sounds resonable.

Liable: I think if you go back and read some of the responses to various posts, you will see what I am, not very subtly, eluding to. OH, My vacation was nice. Thanks.

 

[BillG]

I would appreciate it even more if questions could be answered without an attempt to make someone feel like an idiot for asking the question.

====================================

My response:

When you're spending 400K, or more, and you have serious legal questions for "a whole new experience", and you come to an Internet Advice site, without FIRST seeing your attorney for a paltry $200.00 fee, by comparison, to protect that HUGE sum of money, what would you call that?

Prudent?

Careful?

Safe?

or Idiotic?

IAAL

Yes it would be "foolish" to not see an attorney in this case for guidance but it seems irrelivent to me whether I do that before or after posting the referenced question on this forum as long as I do it. What is the purpose of this forum anyway?I assume that a significant number of responses are.... "you better seek legal advise". I just wanted to confirm that.

 

[I AM ALWAYS LIABLE]

My response:

I don't know. Perhaps that's the difference between you and I. While I am an attorney, when it comes to spending 400K, the Internet is not the first thing I think about. In fact, I wouldn't think about it at all. I'd be talking to my attorney (Yes, even I have an attorney).

Also, lien law aside, what about the rest of your contracts and your liability as the General Contractor for this project? Don't you think you need to speak with your attorney about that subject too?

There are many other subjects, besides that, that you haven't even thought of yet, and that you'll need to discuss with your attorney.

So, it's not just your singular subject. Remember, this is a "whole new experience" for you. Don't make it a bad experience.

IAAL

 

[BillG]

My response:

Also, lien law aside, what about the rest of your contracts and your liability as the General Contractor for this project? Don't you think you need to speak with your attorney about that subject too?

IAAL

Perhaps there has been some miscommunication. I am not going to be my own General Contractor. I am hiring a General Contractor to build the house for me.