we have some highend work going on right now that requires the hands of some 20 men, our sub supplies his own materials (Stone Mason) and I am not sure I could find it in a timly fashon, His men claim they are due a large sum of money and wont return until paid. I feel no one else can finish this job. to much detail for another to match. the crew has sat home for two weeks and are eager to return to work… soooo… do I just go ahead and hire them direct???
Edited 7/30/2008 9:40 pm ET by roundtable
Replies
The only way I'd do that is to first talk to their boss.
If he's OK with it, then I'd consider going ahead.
If you hire his guys out from under him, without discussion, and assuming there's a signed contract, you could be liable for breach of contract.
You could also file a work stop against their boss. If I'm going onto a job where the HOs have gotten rid of the original contractor, I want to make sure that everythings nice and legal, and I won't get stuck somewhere in the middle.
I have been those guys. It is a tough situation. I talked to the developer, and got him to push the contractor, didn't help. He eventually paid me direct and deducted it from the contractors payment. Legal, I don't know, but it got his developement done.
I wouldn’t be too concerned about breech of contract. He is not holding up his end of the contract so he has breeched the contract and in turn voided it. My concern would be focused more on: a possible injury, no recourse if there is a problem in the future, but most of all are the employees willing to go against their boss? No matter what I wouldn’t trust the opinion of anyone, I would consult an attorney and know for a fact before doing anything.
Whats your relationship with this sub? I would talk to him first if I ever planned to use him again.
Family.....Their always there when they need you.