Free MHIC Training

Should a homeowner pay your subcontractor directly?

Short answer. No. Your contract covers all the work, and under COMAR 09.08.01.08 you remain responsible for it as prime contractor. Direct payment costs you control of the sub and blurs warranty responsibility while you keep all the liability.

  • COMAR 09.08.01.08

Work it through

You're the contractor. Pick what you'd do, then see how each choice plays out.

The homeowner offers to pay your plumber directly to 'save on markup.'

"Why should I pay you to pay her? Just let me write the check directly to the plumber."

  1. Correct

    The prime contractor model exists for a reason. Your contract with the homeowner covers all work, including subcontractors. If the homeowner pays the plumber directly: (1) you lose control of the subcontractor relationship; (2) warranty responsibility becomes unclear; (3) if the plumber does defective work, the homeowner may blame you anyway; (4) COMAR 09.08.01.08 places all duties on the prime contractor. Your markup covers project management, coordination, warranty, and liability. It's earned.

  2. Risky

    When the homeowner pays the plumber directly, your control over the project diminishes. If the plumber's work is defective, does the homeowner sue you or the plumber? If the plumber doesn't finish, whose problem is it? Under COMAR 09.08.01.08, you're still the prime contractor responsible for all work. But now you can't withhold payment to enforce quality because you're not the one paying. You've given up leverage while keeping all the liability.

All 14 subcontractors, liens & workers questions

  1. Must you pay subcontractors when the homeowner pays late?
  2. What happens when an unpaid subcontractor files a mechanics lien?
  3. Can a subcontractor put a lien on a house the owner paid in full?
  4. Should a homeowner pay your subcontractor directly?
  5. What if your electrician's license expired mid-job?
  6. Can you hire a plumber who is still getting licensed?
  7. Can a homeowner do their own electrical work on your job?
  8. Who coordinates subcontractors working in the same space?
  9. Who is liable when a subcontractor damages the home?
  10. How do you handle a subcontractor who stops showing up?
  11. Are your regular workers employees or 1099 contractors?
  12. What must you do when an employee is hurt on the job?
  13. What happens when an off-the-books worker is injured?
  14. What are the risks of hiring day laborers for cash?