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Tractor Talk Discussion Board

Re: Hiring a contractor....... what are the terms....


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Posted by Billy NY on July 26, 2011 at 14:32:28 from (74.67.3.54):

In Reply to: Re: Hiring a contractor....... what are the terms.... posted by dhermesc on July 26, 2011 at 11:59:38:

If the contractor agrees to perform the work, provide labor and material to an owner, then defaults on paying the supplier after owner has paid contractor in full, how is said owner liable for payment to supplier ? (contract between owner and contractor). Lawsuit, lien brought on by supplier ? I know state contracts may have guaranteed sub contractor payment clauses, sometimes including supplier's payment guarantee, if subcontractor defaults, but in the private sector, I've not seen that happen.

The other thing I don't like about an owner providing materials is the liability for quality of same, you bought/provided it, not the contractor.

Getting specified material delivered to a site, (say a proven 4000 psi mix, that the local d.o.t. specifies for example) is one thing, contractor still has to form, place and finish same, not withstanding any effects of the weather. Right now its hot summer weather, contractor screws up the finish due to weather, you provided the material, he's going to try to blame the owner for defective material. Contractor must have the ability to provide the materials, place the materials, finish the slab, in the given weather or at a time that weather is suitable and within his means to do so within given weather conditions, it kind of opens up can of worms when you provide materials, again might sound redundant and ridiculous, that is until a claim arises.

If providing materials to a contractor, be absolutely sure to order what complies with the design of the slab, specifications, plans etc. and take those test cylinders, make sure the ready mix supplier provides a receipt for specified design mix.


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