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What are my options ?

Kentucky

I got hired to repair 1600LnFt of chain link for Saia. My original bid was for about $18,000, contractor who hired me asked what could we do to lower it, I told them if they provided dumpsters and if I did t have to take anything with me I could make a better deal, we agreed on about $14,000. Before starting on the job we asked for $6,000 as a deposit, the rest was to be paid when job was completed m. We were just going to cut down trees but not dispose of them since that’s what we agreed to. At the very end they added one more tree he said it was a change order and that I should just add it to my invoice, they added wheels to the gate, again a change order. When we were done they kept wanting everything perfect I did everything they asked. When it was time for me to get the rest of the money they kept saying I needed to have everything cleaned up. Even tho that’s not what we agreed to, I ended up having to take and dispose of debris so I could get paid. Needless to say I’m still waiting to get paid the remaining balance. We started the project on 11/03 and we were done on 11/14 but I had to go another week since they kept wanting everything a certain way even tho they didn’t want to pay the original price because it was just a “repair” last time I was at the job site was 11/18 and I have not gotten paid for the remaining balance, they keep saying they are going to pay this day or the next day or the morning and I don’t see any payment. I’m tired of asking

4 replies

Nov 22, 2022

Is the issue you are having with the amount you expect to be paid or timeliness of the payment? What does your contract say?

You have lien rights if you are not paid in accordance with your contract, but your payment terms may be 30 days, so it may not be due yet. That said, since you did not contract directly with the property owner, your first step would be to send the required notice of lien.

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Nov 22, 2022

There's a couple of things going on, we didn't have a contract in writing it was more an agreement over text messages, what we needed to do, I did sent them an invoice explaining what we were hired to do and how much it was going to be. They agreed. At the end when I was already done and letting them know about the rest of the money the main contractor kept saying the owner wanted to make sure we left everything clean and picked up when that wasn't part of the deal we initially had. i Have the text messages for all of that. 

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Nov 23, 2022

It sounds like you may have enough correspondence to prove a contract. Without a payment deadline in your agreement, the courts would probably apply a 'reasonable time' standard.

Pursuant to KRS 376.010(3) for claims in excess of $1,000 you must give the property owner notice of your intention to hold the property liable for the amount owed within 120 days after the last item of material or labor was furnished. Since you have time, and the GC is promising to pay you, you might be better off to keep pressing the contractor to pay you before incurring additional costs...but keep a close eye on the notice deadline!

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Nov 24, 2022

Thank you and yes I will, they just keep giving me excuse after excuse 

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