New Hampshire Contractor's Affidavit of Payment to Subs
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How to fill out Contractor's Affidavit Of Payment To Subs?
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FAQ
The ability to withhold payment needs to be written out in the contract because, in most states, verbal agreements for commercial work are not binding and will not hold up in court. With a written contract that both parties agree to, it's safe for a contractor to withhold payment if a vendor becomes non-compliant.
The main contractor is able to withhold payment if the work or goods supplied by a subcontractor are deemed unsuitable. Evidence of this should always be provided along with the option to rectify any shortcomings.
The average pre-tax net profit for subcontractors is between 2.2 to 3.5 percent. To compensate for the risk, this is barely enough for most contractors to survive. Contractor markup is the percentage added to your direct costs to cover profit and overhead.
Contractors and subcontractors don't affect your payroll, because they're not employees. When you negotiate a job with the contractor, generally, you agree to pay them a flat fee not a salary or hourly rate.
AIA Document G70621221994 requires the contractor to list any indebtedness or known claims in connection with the construction contract that have not been paid or otherwise satisfied.
AIA Document G706 is intended for use when the Contractor is required to provide a sworn statement verifying that debts and claims have been settled, except for those listed by the Contractor under EXCEPTIONS in the document. AIA Document G706 is typically executed as a condition of final payment.
When Can Contractors Withhold Payment From Subcontractors? The main contractor is able to withhold payment if the work or goods supplied by a subcontractor are deemed unsuitable. Evidence of this should always be provided along with the option to rectify any shortcomings.
AIA Document G702®1992, Application and Certificate for Payment, and G703A®1992, Continuation Sheet, provide convenient and complete forms on which the contractor can apply for payment and the architect can certify that payment is due.
If the contractor defaults or otherwise doesn't take care of your wages, you can file a claim with the surety company to get at least part of your money. The surety company then takes the contractor to court to recover the amount.
A direct payment clause says that if you have paid the main contractor for work done by subcontractors and your money is not passed on to them, you can pay the subcontractor directly and deduct the payment from any other monies due to the main contractor.