QUESTION

I was asked to pay a sub contractor $3161.96 because my General Contractor did not pay his sub contractor. I paid my GC the entire contract value

Asked on Dec 27th, 2020 on Construction Law - Texas
More details to this question:
Under what Texas Law I was obliged to make this payment to my General Contractor's sub contractor. I had no contract that I signed with my General Contractor's sub contractor. I want to recover this amount from my General Contractor. Can I recover this money from my General Contractor who built the day care for me?
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1 ANSWER

Civil Litigation Attorney serving San Antonio, TX at Brewster Law Firm
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You are not required to pay the sub because you already paid the general, ASSUMING (1) you properly withheld 10% of the payments to the general (this is called retainage) and (2) you have not recived a letter from the sub demanding that you withhold all future payments to the general (this is called a funds trapping letter). The most that you should be liable for (in most situations) is 10% of the amounts you paid to the general. This is a fairly complicated area of law and this general advice may not fit your fact pattern. That could chanbe my answers.   Mark P. Brewster Brewster Law Firm mark@markbrewsterlaw.net (210) 437-1232
Answered on Jan 26th, 2021 at 12:46 PM

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