* As opposed to mechanic's liens, the general contractor's prior payment to a subcontractor Is not a defense to the claim of a sub-subcontractor
(50) Most importantly, a lienor is defined as a person (51) who is a contractor, subcontractor, sub-subcontractor
, laborer, or a material-man (52) entitled to record a claim of lien against an owner's property and who contracts with the owner, a contractor, a subcontractor, or a sub-subcontractor
Take construction site accidents where the employee of one subcontractor negligently injures the employee of another sub-subcontractor
, who hires Goe, Phytum & Wynn or some other plaintiff firm and files suit against everybody: the owner, the developer, the general contractor, the suppliers, all the subcontractors and the subcontractor that retained the sub-subcontractor
, and the negligent employee in a state that still has joint and several liability.
Has a sub-subcontractor
started selling to our competition and what does that mean for us?
This will ensure that, if a contractor (or architect, engineer, quantity surveyor, subcontractor, sub-subcontractor
or self-employed tradesman) asks for some money, the paying party is now unequivocally obliged to pay up, or say "no...
In a recent interview with Kyodo News, the man, hired by a sub-subcontractor
of plant operator Tokyo Electric Power Co., expressed surprise about the three workers who were working with their feet submerged in contaminated water, saying, ''We don't normally work in water.''
The subcontractor isn't making money, he takes a hit on another job, he starts playing with his sub-subcontractor
and materialmen's payments, and, the next thing you know, there are no workers on-site because payroll isn't being made, and the sub defaults.
Meanwhile, the fee KTV paid to Japan Television Workshop changed hardly at all, indicating the subcontractor had squeezed its helpless sub-subcontractor
for ever bigger profits.
Anyone participating in the debris removal and processing would have been at best a subcontractor, and more likely a sub-subcontractor
. That makes it less clear on lines of responsibility for final disposition of the material and on getting paid for the work.
For example, a material supplier to a sub-subcontractor
is too remote from the prime contractor to be able to file a valid lien.(7)
You count the tiers starting below the general contractor, so the subcontractor(s) contracting with the general contractor are tier 1 and any sub-subcontractor
or material supplier contracting with the subcontractor is tier 2.
Once a progress payment is made by the local government to the general contractor, any subcontractor, or sub-subcontractor
who remains unpaid 30 days after the payment due date may file suit, and is entitled to an evidentiary hearing upon 15 days' written notice.