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Home>Levelset Community>Legal Help>Can a GC withhold the final payment draw and retainage because I do not have Workmans Comp the day he is writing checks?

Can a GC withhold the final payment draw and retainage because I do not have Workmans Comp the day he is writing checks?

North CarolinaRetainage

In North Carolina, the statues state if I have no employees (or less then 3 to be technical), I do not have to carry WC. Now, at the time of being hired and on the job, I did have WC, as this GC claims his insurance company requires it. I keep trying to explain the law to him and that I do not. I finished the job, and while waiting 2 almost 3 months for everyone else to get done and pass inspections, the policy has now expired. He claims I need a new policy put in place just for them to write the check because their insurance company will audit them and it has to be there that day. I said no, it has to be there while I am on the job, not when you finally get around to writing checks. I do not plan to work for this client any longer and do not need to spend $1,000+ dollars just for them to mail out a check according to the law as I know it. Is there something I am missing? Or is there a way to make him send it? Lein the job? Have a lawyer send a letter demanding he is illegally withholding the moneys? What can I do other then wasting $1,000 to get 2?

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