Fort Lauderdale, FL · Member since 2016 · 146 posts · 27 votes
Does it make a difference if the sub or the actual contractor/business owner signs the paperwork (IC Agreement, w-9, lien waiver etc.) Particularly referring to situations where you are speaking directly with the subcontractor who would also have 2-3 other subs working with them.
I am thinking that logically that sub could quit and work with someone else during the project, which could lead to not being insured etc.?
Maybe I am over-thinking this, but does it matter who handles the documentation? Do you go out of your way to have the Contractor as the signor even if you’ve otherwise never communicated with them?
This partially depends on state law and the exact situation, but the owner typically signs a contract with the GC and the GC signs the contract with the subs. So there are generally no direct contracts between the owner the subs. But the contact between the owner and the GC generally requires the GC to enter into a contract with the subs where the subs need to agree to the terms of the contract between the owner and the GC.
I don't know what size of a project you are looking into. But it's generally a good idea to have the lawyer draft and review all the construction documents. If you live in a state with standardized forms or use something like the AIA forms, I suppose the risks are slightly less. But you still need to understand it.
Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.