The Owner's contractual agreement is with the Contractor. The Subcontractor's contractual agreement is with the Contractor. Therefore, the Owner has no direct contractual agreement with the Subcontractor and is not under any legal obligation to the Subcontractor.
However, the Owner does expect the Contractor to promptly pay each Subcontractor and Material Supplier, upon receipt of payment from the Owner. In turn, each Subcontractor should make payments to his Subcontractors and Material Suppliers in similar manner.
The amount retained by the Contractor from each payment to each Subcontractor will not exceed the percentage retained by the Owner from the Contractor.
12 Miss. Code. R. 3-20-700.10