I have a question regarding contractors, subcontractors, and liens.

I contracted company A to fix a sewer lateral line. As part of my contract with company A, company A hired company B to replace 4 squares of a side walk using 5000 psi concrete. Company B changed the specs and poured a different psi concrete and put too much water in the mix. They showed up to the job with not enough concrete, and stated they did not have the tools to finish the top of it correctly.

Company A walked the job with me today, and said it was bad enough they will be removing the concrete, and will not be paying company B.

Company A told me company B cannot lien the property, because they hired the subcontractor, not me.

Is there anything I need to do to make sure the concrete contractor cannot charge us for his work before I pay the final payment?

I'm not a lawyer but have worked as a contractor.

That said in many places if you pay the general contractor in full the subs can not get a lien against you. They would have to go after the general contractor. Now if you haven't paid the general in full all bets are off.

Laws will vary by states and maybe even local municipalities so you should talk to someone in your area.

I preferred this not to happen at all, but for whatever reason the concrete guy was a real pain to the general first, then took it out on us. I'm wondering if there is anything I can have the general write on my final invoice to assume the responsibility of dealing with the sub.

The general has been great, and told me if the sub wants to do work for them again, they will eat this job based on how they treated everyone.

I never had this happen before. I do not like it when people do not get paid, but it's not my business to tell the general contractor how to run his company.

In commercial construction the subs always were required to submit a lien release along with every monthly draw request... So maybe based on your state laws.

I am going to ask the general to put in writing that I am not liable for payment to the concrete subcontractor for the work performed. I will have them state it is their responsibility to deal with him regarding payment or non-payment for the work performed.

Not sure that will help me legally, but I want to have something in writing stating what they told me verbally.

This is one of the dumbest things I've ever been involved with, because it appears the concrete sub did the work poorly just to be cussed.

I would first ask if the sub submitted a lien release to your main contractor, and if they did, to submit a copy to you. If not, brush up on your county/state laws in regards.

The way you described the sub's work makes me think they are extremely incompetent, no excuse for that kind of work ethic. Don't feel bad for them, they blew it.

In Whackyland, there is a complicated series of steps involving the contractor in privity with the owner, the subs who are not in privity of contract with the owner.

The subs must give pre lien notices to the owner so the owner can be sure to obtain lien waivers when paying the contractor. Only then can the owner safely pay the contractor in full without issuing a joint check requiring the general and each sub to endorse the check.

The contractor might offer to indemnify you against loss or damage from a lien or suit. I wouldn't accept that unless I was certain of the contractors financial situation, IOW never. If the contractor is strong enough to cover any suit, he is strong enough to wait for his money until he obtains a release or settles somehow. Offer to put the amount of the sub's amount due in escrow to be released upon delivery of a release. Chances are the contractor cannot or will not accept this, and finish the job properly. Remember the contractor is not entitled to full payment until the work is finished satisfactorily, according to the terms of the contract.

The general contractor took the concrete work off of the contract, deducted a fair amount for it, removed the defective concrete, and put in writing that I was not responsible for paying the concrete contractor.

I suppose the concrete guy could take us to court, but based on the number of years they have worked with him, I suspect not.

Thank you very much to all who took the time to reply.