contractor and sub contracts

[AEGee]

What is the name of your state? California

I have a licensed general contractor on a project of mine. We are about 75% completed and have started running into some problems (subs are stating that they have not been paid - although via our fund control - the general has been paid) I have recently met with our bank and have requested from our general contractor that I would like to review the subcontractor's contracts. The general contractor has told me that I may not review the sub's contracts, that this is not of my concern.

My question: Isn't true that by signing a building contract with a general contractor that he then works as my "agent" in order to hire sub's that bid on my project for or at the approved line item amount? May I see those contracts - what are my rights?

thank you in advance..What is the name of your state?

 

[HomeGuru]

What is the name of your state? California

I have a licensed general contractor on a project of mine. We are about 75% completed and have started running into some problems (subs are stating that they have not been paid - although via our fund control - the general has been paid) I have recently met with our bank and have requested from our general contractor that I would like to review the subcontractor's contracts. The general contractor has told me that I may not review the sub's contracts, that this is not of my concern.


**A: the GC is full of crap.

************
My question: Isn't true that by signing a building contract with a general contractor that he then works as my "agent" in order to hire sub's that bid on my project for or at the approved line item amount? May I see those contracts - what are my rights?

thank you in advance..What is the name of your state?

**A: hire an attorney right away as there may be subs ready to file liens.

 

[Cedrus]

Your contract with the general contractor may be silent as to payments to the subs. Better read it again. For the future, the contract should indicate you will be held harmless if the subs are not paid.

Is the general's license current? Better contact CSLB, regardless.

 

[HomeGuru]

Your contract with the general contractor may be silent as to payments to the subs. Better read it again. For the future, the contract should indicate you will be held harmless if the subs are not paid.

**A: such a clause in unenforceable as it is in conflict with the CA mechanics and materialmens lien law.

 

[Cedrus]

HGuru:

No, it can be done and is legally enforceable.

 

[AEGee]

Thanks for your responses. Yes, the contractor still has a valid license ( I have checked with CSLB) and we are sorting through the releases at this time. He is still not allowing us to view or obtain copies of the subcontractor's contracts that he has negotiated on our behalf. It is very difficult to figure out how much he has paid a sub to date and how much might still be owing on the contract line item with the sub. We are reconciling the fund control and matching the draws with the subs.... or did it all go to the general (?)

How can I get him to produce these contracts in order to find out how much may still be outstanding?

thx, again