I am having some work done on my condominium unit and the general contractor has brought plumbers and electricians in to do some of the work. Can those subcontractors make any claim against me?

Normally speaking, in dealing with real estate, you need to have a contract in writing to be liable. However, a subcontractor does have rights to place a lien on your property under certain statutes provided that they follow the requirements of the statute strictly. What you may want to do is get a release from the subcontractors as and when you make payment to the general contractor to be sure that the subcontractors are being paid and that they will not try in the future at some point to place a lien against your property. Your general contractor may resist the idea of getting releases, so your decision should be based in part upon the integrity of your general contractor and how significant the costs are involving the subcontractors. You could also be liable to the subcontractor if you, as the owner, contacted the subcontractors directly and ask them to complete the work. You could have liability for them even if you did not have a written contract if a court found that you encouraged the subcontractors to complete the work. A court could make a finding that the subcontractor could prevail on a theory of unjust enrichment, which is where a court will imply a contract for reasons of justice, or a court could make a finding for the subcontractor on a theory of quantum meruit which is an additional theory under which a court can award damages based upon the value received by you. So your best course of action is to be clear in writing as to the general contractor's responsibilities including the payment of all subcontractors and if the general contractor does not want to obtain releases for your benefit from the subcontractors, then you should get a guarantee from the individual who owns the general contracting firm that they will make the payments due to the subcontractors and that they will indemnify you from any claims from them.

If you have questions about this or any other legal matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.