Asking contractor for proof of payment to subs

Anonymous
Anonymous wrote:It totally depends if your jurisdiction has defense of payment

Can someone explain this and/or the article linked above in language that makes sense to someone who is not a lawyer?
Anonymous
Anonymous wrote:
Anonymous wrote:It totally depends if your jurisdiction has defense of payment

Can someone explain this and/or the article linked above in language that makes sense to someone who is not a lawyer?


Some jurisdictions have a statute that says if the owner has paid the general contractor, subs cannot file liens. Owner only has to pay once.
Anonymous
Anonymous wrote:
Anonymous wrote:Read this

https://www.pendercoward.com/resources/blog-opinions-and-observations/subcontractors-can-sue-the-owner-of-a-construction-project-in-virginia-in-limited-circumstances/#:~:text=in%20Limited%20Circumstances-,Subcontractors%20Can%20Sue%20the%20Owner%20of%20a,in%20Virginia%20in%20Limited%20Circumstances&text=Owners%20typically%20control%20the%20money,limited%20rights%20against%20the%20owner.


If you are in Virginia


Interesting. It sounds like if you’re in VA and you pay your contractor then you’re somewhat protected based on the two factors the courts consider. We recently did a renovation and I didn’t even directly speak with many of the subcontractors (such as the framing and drywall crews). I couldn’t tell you the name of the companies used. All payment went directly to my GC. It seems like there would need to be a particular set of facts in which the homeowner engaged with the sub and didn’t pay the GC for there to be liability. But then again, anyone can sue you for anything even if they don’t have a strong claim.

To answer OP’s question, no I don’t think it’s standard. I doubt a GC is going to turn over actual receipts, so I guess you have to rely on their word. In our case our GC seemed to have a good working relationship with the subs from what we could tell — he indicated he had used them for past jobs, so I figured that meant he had a history of paying them.
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