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 Knowledge Is Key

 


Knowledge Is Key To Buying and Selling Real Estate

By Attorney Miriam L. Sumpter Richard

Date: September 30, 2003

 

WHAT IS THE OWNERS RIGHTS IN CONSTRUCTION PROJECTS?

In short, the buck stops with the owner. This is true despite the fact that the general contractors, engineers or architects, may contract with the owner directly and then may deal with subcontractors themselves, the owner is generally responsible for making sure that payment is rendered when due in connection with the labor, services or materials for a particular project.

Normally, when the payment is made, it will be by the owner to someone like the general contractor. What happens, after the owner pays and the payment does not make it to the provider of the labor or materials like the painters, the electrician, the lumber yard.

The questions turns on whether the amount in question is a disputed contract issue or undisputed contract issue.

The best advice for the owner is to request a sworn statement from the general contractor confirming the underlying contract information, amounts paid and amounts due every thirty (30) days, the project runs. This will drive the general contactor crazy, and he or she may suggest this is overkill. You can adjust the update request, but not longer than forty-five (45) days. Your sole goal is to insure that the subcontractors are paid and when they should be paid. Remember, when every thing is said and done, you the owner is ultimately responsible.

 


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