Legal Question in Construction Law in Montana
General Contractor holding payment for slab
We are a Subcontractor for a GC. The GC is holding our last check for the last 5 months. They called me and said that the owner has rejected the slab due to not liking a control joint that was cut a little crooked. We went to the site and fixed the joint and now the slab is within all tolerances in the contract. They still wont pay us until we go in and place a topping slab over the orgininal slab but there is nothing wrong with the exsisting slab. We have a contract and have full filled our obligations. What should we do?
1 Answer from Attorneys
Re: General Contractor holding payment for slab
The question indicates you're in Montana...I'm not familiar with the ins & outs of Montana construction law but as a general matter if you've substantially performed the contract you're entitled to be paid. You may want to consult with a local lawyer to determine what your mechanics' lien rights are. Or, if it's a public job maybe the GC had a payment bond and you could file a claim against the bond. Generally, if the GC is not being cooperative in furnishing the payment bond info, you ought to be able to get the info from the owner. Again, all of this depends on the local laws and I'm not licensed in MT.
Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. We do not have an attorney-client relationship.
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