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我查了一下Quebec的建筑法,里面是这样说的:
Subcontractors and suppliers of materials or equipment (whether the supplier is resident inside or outside Quebec) who do not deal directly with an owner must notify an owner that they have been awarded a subcontract for work or for a supply of materials or equipment so that, if unpaid, they may claim the protection of a construction hypothec (lien). Upon receiving this notice, an owner is forewarned to take the necessary steps to ensure that announced subcontractors and suppliers are paid. This critical practice of sending a notice to an owner in advance of the performance of any subcontract work or the supply of materials can come as a surprise to those unfamiliar with the procedure. Since the law protecting construction participants in Quebec is very simple, without complicated statutory holdback procedures or convoluted construction trusts, the plain and inexpensive device of notifying an owner of a subcontractor’s or supplier’s involvement in a project is sufficient to afford the latter the protection of a construction hypothec (lien) if unpaid and to allow an owner to demand evidence from a contractor that the owner’s payments are flowing to those subcontractors and suppliers who have notified the owner of their subcontracts.
这说明如果sub-contractor在contractor不付款的情况下,有权向owner诉求,并可以诉诸抵押该房产,但前提是在开工前通知owner自己是分包商。但这个sub-contractor并没有通知过我们。现在工程结束几个月了,和contractor纠纷没有解决,就跑来跟业主要钱。
大家说说我们该怎么办?是置之不理,等对方来告,还是找个律师写封律师函给sub-contractor? |
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