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Can a subcontractor hire another subcontractor and put a lien on property if second subcontractor is replaced even with a signed contract?
Wiki User
∙ 10y ago
A subcontractor can hire another subcontractor but can only put a lien on the property if the original subcontractor isn't paid. The lien can also be placed if the second subcontractor was not paid because of the original subcontractor was not paid. The replacement of the second subcontractor is not grounds for a lien.
Wiki User
∙ 10y ago
Wiki User
∙ 10y agoNo a subcontractor can not hire another subcontractor and put a lien on the property if the second subcontractor is replaced. There is no reason at this point to put a lien on the property. The lien can only be placed on the property if payment was not made.
Wiki User
∙ 10y agoNo a subcontractor can hire another subcontractor and put a lien on the property if the second subcontractor is replaced even with a signed contract. The replacement of the second contractor is not purpose to place a lien on the property. The subcontractor can only place a lien on the property if they were not paid due to the original subcontractor not being paid.
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What does it mean for someone to be a subcontractor to someone else?
A subcontractor is an individual or a business that signs a contract to perform part or all of the obligation of another's contract. A subcontract is hired by a general contractor.
Can a human service agency require a clinical consultant subcontractor to cover themselves with workmens comp?
Subcontracting and You The magic word here is "subcontractor". Since a subcontractor is not an employee, that subcontractor is not covered under the policy for work-comp which is the umbrella for the employer et al; and, should the subcontractor become injured in the course of normal working duties and surroundings, no employer wishes their liability insurance to become taxed as a result. And so, with that type of thing in mind, an employer seeks to protect themselves from incurring any further liability than they have to--- and they do so by writing contracts which contain provisions which stipulate details designed to do just that. They hire subcontractors rather than employees using these contracts. Anything one person chooses to put into a contract, they may put in; and, any contract another person chooses to sign is a contract. The employer can force you to do nothing; but, if you signed a contract saying you agreed to do it, then you are bound by the contract. If you do not sign the contract, you are not so bound; but, neither are you engaged by the contract writer. The reference here is to a contract; and, it is important that the terms and conditions of that contract be spelled out clearly. A subcontractor working under a verbal contract, a handshake, a stack of employment-related paperwork and a smile is not a subcontractor--- no written contract has been provided and agreed to. A subcontractor has a certain weight when dealing with an employer that an employee doesn't have: a business-to-business relationship. That means that contracts can be brokered to appease both parties.
Subcontractor Agreement?
Get StartedA Subcontractor Agreement is an agreement between a general contractor (the "General Contractor") and another party who has subcontracted to perform work and services for the General Contractor (the "Subcontractor"). The General Contractor is the party who will contract directly with the owner of the property on which the Subcontractor will be working. Frequently, the General Contractor has portions of the larger project that the General Contractor prefers not to do. Therefore, the General Contractor contracts those portions out to another party, the Subcontractor.If it is available, the Subcontractor may wish to review the Original Contract between the Owner and the General Contractor to be sure that there are no conflicting terms between it and the anticipated Subcontractor Agreement.This agreement allows the parties to describe which services and materials the Subcontractor will provide, specify the price for the work, and assign various rights and liabilities between the parties. Important provisions regarding indemnification, insurance, change orders, unforeseen conditions, defaults, the nature of the parties' relationship and miscellaneous concerns are also included.This agreement should be signed by both parties and becomes effective as of the date inserted at the beginning of the agreement.
What is the fair percentage for a subcontractor to pay another subcontractor?
80% with no tools....90% if they have all tools
On a land contract in Ohio can the lesses resell the property?
A land contract is just like any other contract, complete with contract law principles. No one can sell the property until either the contract is either fufilled or breached. If it is fufilled, then it becomes the property of the one purchasing the property and after they have successfully completed the contract, they then are free to sell it to whomever they wish. But, if the contract is breached, it is then still the original owners and they can do as they wish, keep the property, sell the property or find another individual willing to enter into another land lease contract. So, while the property is tied up in a land lease contract, no one can sell or buy it until either a satisfaction or breach of the contract is committed.
What is the benefit to being a subcontractor to another company?
As with the BP oil spill the contractor is responsible for the subcontractor actions.
What are the difference between direct subcontractor and nominated subcontractor?
a nominated subcontractor, with various provisions for obtaining indemnities by the subcontractor (or Employer) but under the main contractor responsibility and coordination, or ** another contractor, which FIDIC provides the incumbent Main Contractor is required to give site access, etc, etc to but coordinated by the Employer My own understanding, very simply put is that a nominated subcontractor is actually a "normal" subcontract between Main Contractor and Subcontractor, BUT that the nominated subcontractor is selected by the Employer and price agreed with the Employer directly. That would mean that the Main Contractor has the accountability for the subcontractor, notwithstanding any indemnities. The Consultant has stated today that in their opinion: ** the nominated subcontractor is selected by the Employer and signs a contract direct with the Employer ** the Employer will secure assurances, bonds / performance sureties and warranties direct with the subcontractor, and ** that the Main Contractor DOES NOT sign a subcontract with the subcontractor ** that the main Contractor will not be held liable for certain specified warranties My understanding is that the Main Contractor still should sign a subcontract with the nominated subcontractor and assumes the responsibilities of a Main Contractor over the Subcontractor - though the Employer states that the Main Contractor has no liability specified warranty issues and quality (only). I would believe the Main Contractor still has a number of responsibilities in respect of the subcontractor and their general performance. The Consultant assures they have checked FIDIC and it is normal for the Employer to sign a subcontract direct with the Nominated Subcontractor. I would believe in that case it is not a "Nominated Subcontract", but instead a direct supplementary contract between the Employer and their Contractor (secondary contractor) Can you kindly advise quite simply, the contractual position of a nominated subcontract under FIDIC ...... ie does the Employer sign the contract / subcontract with the Nominated Subcontractor, or is it a subcontract between Main Contractor and Nominated Subcontractor with the normal (in general terms) obligations by the Main Contractor for the Subcontractor, to the Employer.
Is a subcontractor a supplier?
No. A subcontractor is an organization contracting with another company to perform tasks related to the design, construction, installation, or maintenance of products. A subcontractor is a person who performs work that is contracted out to a third party. A supplier is a person who supplies material, equipment, or services to another firm.
What is a bargainor?
A bargainor is a person who makes a bargain or contract with another, especially to sell property.
Are there restrictions on buying replacement property?
Most of the time, we are dealing with property that is condemned or sold under threat of condemnation. Such involuntarily converted real property may be replaced by real property which is "like-kind" in nature. Like-kind property is a fairly broad standard. For example, an apartment is like-kind to a farm and improved property is like-kind to raw land. However, if other types of property are involuntarily converted, you are subject to a stricter standard. In such a case, the replacement property must be "similar or related in service or use". For example, your house should be replaced by another house, although you could purchase raw land subject to a construction contract. This is generally not an issue as you would usually replace your house with another home.
What is a contract that lets your rent someone else's possessions?
A rental agreement can be used to rent tangible property owned by another.
Distinguished gift from sale of goods?
in a contract of sale, property in goods is transferred from one person to another with a consideration while in the case of a gift, property in goods is transferred from one person to another without any consideration
