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Is this even legal ?

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I'm am a subcontractor we finished a project over 2 month ago . We have run into an issue where we dug up an electrical line so we submitted a claim under our insurance. The insurance is still pending . The customer decided to deduct the electric bill off of our final bill. We still need to finish paying contractor

1 reply

Oct 19, 2022

First thing to do here is look to your contract with the customer to see whether it allows them to deduct for something like this. Many times subcontractor/contractor contracts apportion liability. However, if your contract does not, or you don't have a written contract, you should quickly send your notice and demand for payment. In fact, even if your contract does allow for the deduction, I would still send notice and demand for payment. 

You do not want to lose your ability to file a mechanics lien. Remember that your notice of unpaid labor or materials must be sent by the 15th day of the 3rd month after you provided the labor or materials, if this was a commercial job. If this was a residential job (meaning the homeowner employed the general contractor) you must send notice by the 15th day of the 2nd month after you provided labor or materials. When sending your notice, include a demand for payment with it. 

If you need help with this, or want to discuss your issue in more detail, please don't hesitate to call my office. Our phone number is (979) 690-0800. 

Good luck!

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