I had some work done to my kitchen some time ago by a general contractor who has since gone bust but the tile work done by one of the subcontractors is faulty. Can I go against the sub directly?

Generally speaking, you can only look to the person with whom you have dealt on a contractual basis in order to obtain recovery. Although the subcontractor actually performed the work he did it under its contractual agreement with the general contractor and not with you unless you made an arrangement with the general contractor to use a particular subcontractor with the understanding that that subcontractor would have a direct responsibility to you for any faulty work. So if you had insisted on using this particular tile guy and in effect arranged for him to work on your kitchen then you may have rights directly against the subcontractor. You of course would have the burden of proving that was your intention, the general contractor's intention and the subcontractor’s intention that you would have direct recourse to the subcontractor and that you would not be looking to the general contractor to fix the problem. Even if you could prove that, unless there was some written contractual document which would substantiate that intention, you will probably be out of luck.

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