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General has not paid sub. What to do?

12 years ago

Self-financed project. My contractor has paid $0 of the $15K owed to the excavator sub; payment is at least 2 weeks overdue. My contractor refused to take sub's calls or return emails. The excavator sent someone to his office two days ago (I can only imagine that visit). Sub was told that he would be paid next week when our contractor receives the next draw payment from us.

No liens filed.

Not sure how to handle this. If we pay the draw and the sub gets paid next week, the theory is that the work will proceed (we're under-roof, windows going in soon). If we make legal demands for payment verifications etc., there is a likelihood that the contractor will walk off the job. It's clear that our contractor has very thin/no operating margin.

We don't want to win a court case, we want the house delivered.

Any thoughts?

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