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Home>Levelset Community>Legal Help>IF A GENERAL CONTRACTOR SUBMITTS A PAY APP FOR THE SUB CONTACTOR AND GETS PAID BUT DOESNT PAY THE SUB CONTACTOR IS THAT NOT A CRIME?

IF A GENERAL CONTRACTOR SUBMITTS A PAY APP FOR THE SUB CONTACTOR AND GETS PAID BUT DOESNT PAY THE SUB CONTACTOR IS THAT NOT A CRIME?

Texas

WE INVOICED THE GC THAT HIRED US TO DO A COMMERICIAL JOB FOR THEM, THEY GOT A CHECK CUT TO THEM THE NEXT DAY AND JUST DECIDED NOT TO PAY US WHAT IS RIGHTFULLY OURS...THEY TOLD US NUMEROUS TIMES THAT PAYMENT WAS APPROVED AND PROCESSED AND WE'D BE GETTING A CHECK ON A FEW DIFFERENT DATES-NOW THEY WONT ANSWER THE PHONE-CALL BACK OR ANSWER EMAILS--IS IT NOT THEFT OF SERVICES OF SOME SORT SINCE WE PROVIDED THE SERVICES AND NOW THEY DONT WANT TO PAY? THEY ARE BASICALLY STEALING OUR MONEY----

2 replies

Jul 13, 2020

The general contractor's actions as desribed form the basis for several causes of action, including a breach of the Construction Trust Fund Act. This statute allows for criminal punishment (although rarely pursued in my experience) as well as a civil cause of action for recovery.

These types of cases are exactly what I do. Feel free to reach out to me if you'd like to talk about your claim in greater detail.

Ben House 

281-762-1377

ben@houseperron.com 

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Jul 14, 2020
I will be calling you shortly!
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