Legal Question in Construction Law in Pennsylvania

is a third party who did not sign the contract liable

A contractor has signed a written contract with a homeowner, and received a downpayment of $9000. The homeowner wrote the check out to a third party, who cashed the check for the contractor. The third party did NOT sign the contract. The contractor was unable to complete the job. Can the homeowner sue the third party to whom he wrote the check?


Asked on 6/30/08, 9:08 am

1 Answer from Attorneys

Re: is a third party who did not sign the contract liable

You sue the contractor and the party on the check. Let them explain what happened. If they say they are not a party to the contract, and move to be dismissed (summary judgment motion), your position is they worked with the contractor somehow, and as they received funds from you for the work, they are liable, and subject to suit, and if they are not, it is a matter of fact to be determined by the finder of fact (probably the judge here), and so is not suitable to summary judgment.

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Answered on 6/30/08, 11:04 am


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