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Can they hold my check for not signing a Annual Subcontractor Agreement?

TexasPayment DisputesPrompt Payment

I got a call from a GC stating they were in a emergency situation and needed a electrician ASAP. I drive a hour to the location. The original electrician did some rookie work and did not complete the original scope of work. I ended up working at project for almost a week. I did find all the issues and the job was completed. I asked about payment and was told they write checks on Fridays. It was Sunday so had to wait a week. Friday comes around and I ask where and how do I get my check and was told to go by their office after 2 PM. The lady from the office called saying she had some paperwork for me to fill out. W-9 which no problem then there was a Annual Subcontractor agreement before they can give me my check. No one told me anything about having to fill out this paperwork. I refused to sign so they said they could not release my check until I do. Their agreement basically takes all responsibility off of them and puts it on me. I even went to bid a second job with them and still no one said anything about this contract.

4 replies

Aug 10, 2022
Please advise what city in Texas does this dispute exist.
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Aug 10, 2022
The short answer is NO. If they wanted a subcontractor agreement signed as a condition of working on the job then they needed to get it signed BEFORE the work was complete. They cannot change the relationship or shift risk AFTER the fact. They have a right to require the W-9 and also a conditional lien release in order to get your payment. I recommend a strongly worded demand letter and lien notice to the GC and property owner. If they still refuse to pay, you can lien the job, and consider filing a lawsuit. If the amount due is less than $20,000, you can file it in small claims court and represent yourself.
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Aug 10, 2022

The job was in Dallas.

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Aug 10, 2022

I had shared with them my issue was this should had been addressed before I started on the job not after. The office lady I am dealing with agree 100% that they dropped the ball. She had said she and their team came up with a solution and would send a rep to me with my check. I ask what the solution was and would dodge the question. Come to find out she was going to sent the same documents that I refused to sign on Friday. I feel this is disrespectful and not how you conduct business. I add already had my W-9 filled out and in hand for them with zero issues with that. I was hoping thing could be handled and move on. I will start a demand letter today. Then move forward from here. Thank you so much for your time and help!!

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