Legal Question in Construction Law in Florida

Vendor Payment Responsibilities: Client or General Contractor

I'm at the final stage of a remodeling project. My general contractor has been responsible for vendor and sub-contractor payments up until this point. Recently, he's asked that I pay several vendors / subs directly. My question is should I do this (I've already paid one subcontractor) or should I provide the funds to my general contractor and have him make the payments. I'm concerned that if I make these payments, and there is some contractoral agreement that a general contractor is required to make payment, that I may be required to make the payments again.


Asked on 9/14/04, 10:36 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Vendor Payment Responsibilities: Client or General Contractor

(1) read your contract and determine whether the payments are proper; (2) Request that the contractor provide you with a statement of account and partial contractor's affidavit so that you know which lienors remain unpaid (3) Maybe some of the subs and materialmen have blown their lien rights or failed to properly perfect their lien rights and would have no claims against you; (4) if you are worried about the contractor making payments to the subs or materialmen, then you can cut a joint check made payable to "Contractor and Subcontractor" (5) Make sure that you do not make any payments without receiving a "release of lien." Ultimately the answer to your question would require an attorney to review the circumstances of your particular project and what notice to owners and invoices are outstnading. I recommend contacting a local attorney. Best of luck,

Randall Gilbert

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Answered on 9/14/04, 11:07 am


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