I worked for a subcontractor on a project. I was brought on board with the understanding that I would be paid a percentage of the profits. I agreed and asked them to put this in writing. After 8 weeks, nothing came. I gave them an ultimatum, stating I would quit if I did not have anything in writing. They offered me an hourly wage far beneath the standard rate. How can I work for 8 weeks, and then they decide to make me an employee, without having paid taxes and such? I'm owed just shy of $40,000 for mileage, use of my equipment, and wages. Can I file a mechanics lien against the project?
Generally a party who contributes labor or materials to a work of improvement has lien rights. However, the validity of your lien could depend upon whether you served a preliminary notice and whether you have a separate contractor's license. Regardless you should have a good claim against the subcontractor for breach of contract and potentially for fraud. Feel free to email if you'd like to discuss - tjulander@ostergar.com.