Pay When Paid Questions

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Pay When Paid
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I have a question regarding the Prime's delay in submitting a subcontractor's invoices to a vendor for payment. My business provided work for a Prime contractor. They are now rejecting invoices that are over 1 year old, even though we submitted these invoices in a timely fashion. Is there any requirement for a Prime to submit all invoices for service provided within a certain time frame? Or can a Prime hold onto a subcontractor's invoices, without submitting them to the state, for an indefinite period of time? TIA...Read More
Anonymous Contractor
3 answersAdd commentAug 3, 2022
IllinoisBond ClaimsCash FlowConstruction ContractLien on FundsLien WaiversMechanics LienMiller ActPay ApplicationsPay When PaidPreliminary NoticePrompt PaymentRetainageSlow Payment
I work for an excavation company. We don't use Levelset at the company I currently work for. The company that I used to work for used Levelset, and it was very helpful. Recently, I took over the billing at the company I currently work for and noticed that there are more than a few jobs that have unpaid invoices dating as far back as 2016. Our contract is fairly basic regarding client invoicing and payment, basically we will submit invoices every (30) days, client shall pay invoices in full within (30) days, If client fails to pay we may give (10) notice to client to secure the default, if they fail to do so, we can stop work. I would like to attempt to collect on some of these old invoices. Do I have any recourse, if so, what steps would I have to take in order to do so? Thank you in advance....Read More
Anonymous Contractor
3 answersAdd commentAug 2, 2022
CaliforniaBack ChargesCollectionsConstruction AccountingConstruction ContractPay When PaidPayment DisputesPrompt PaymentRecovery OptionsSlow Payment
Despite of request for Punchlist joint walkthrough owner denies and claims that our job was not up to standard even it passed City inspection. Instead, we are defamed through his email responses during our attempt to collect payment....Read More
Anonymous Contractor
Waiting for answerAdd commentApr 11, 2022
CaliforniaPay When Paid
I am a home owner with extra land and want to build ADU’s. I need to get a construction loan. I need to know about starting a single person LLC better before or after trying to get approved for the loan. ...Read More
Anonymous Contractor
Waiting for answerAdd commentFeb 23, 2022
CaliforniaCash FlowConstruction AccountingConstruction ContractCredit ManagementFactoringPay When Paid
I was currently hired by a General Contractor as a project estimator, roofing sales person and project manager. At the time of being hired, the GC offered me a 12% commission on all work jobs sold and contracts signed and a "daily rate" of about $200 for any work done on the production side of things, i.e. meeting subcontracted laborers at work site at beginning of job, collecting payment, putting out fires, etc. Since starting at the beginning of December, I've done about $350,000 worth of revenue, and really like my job. I was trained for 2-3 weeks on my GC's method of work from interacting with customers, writing estimates, pitching jobs, and performing inspections and I also signed a non-compete contract to not work with any other companies and the week I started two other estimators were fired for advertising their services on their personal facebook pages without giving proper significance to the GC's company. (Since starting, all of the jobs I've sold on behalf of the GC's company, all of his subcontractors and employees are 1099'd) When researching his GC license, the is status is set as "in bad standing for unpaid fees" and he is listed as a managing member for the license but it is for an individual that has not worked with company for years. Now that you have some context: Do I have any legal exposure for signing contracts and running jobs with with potential customers as an independent contractor for my company if I am unlicensed myself? Can the owner of my company legally not pay me unless he is paid when he is forcing me not to work with any other contractors, remain "on call" from 7am-7pm 6 days a week? Recently, I have been having trouble getting our subcontracted laborers finish some work at a property, I have already worked at this property for a total of 45 hours and have yet to be paid for it, I believe the sub has been absent and ignoring my calls because he has been yet to be paid as well. The homeowner is dissatisfied with some of the work quality and wants additional work and repairs done at no charge, putting me in the middle of situation, unpaid without any leverage to collect. I feel like our working relationship indicative of one as a traditional employee rather than an independent contractor so if anyone could give me clarification on that it would be great as well. I was told by a friend in the industry that he believes any contract I sign on the companies behalf as an unlicensed agent or representative is legally null and void or that I can technically be sued for not having insurance or a license when our contracts are reflect that I, the signing party am a GC with the state, rather than the GC who owns the company. Please let me know what my options are to get paid, if my status as an employee is misclassified, if I have any legal exposure for signing these contracts, if the contracts I sign are legally binding, what options I have to create leverage to get paid for unpaid wages, and do I have any rights to collect payment for exclusivity and being forced to be on call for 72 hours a week?...Read More
Anonymous General Contractor
1 answerAdd commentFeb 22, 2022
LouisianaCollectionsConstruction ContractLicensesNotice of Intent to LienPay When PaidPayment DisputesRight to LienSchedule of Values
I am needing some guidance on filing a lien. Is that something you can possibly help me with? I am in between a rock and hard place it seems. Quick break down is: I was hired by a GC as a sub contractor on a single family home in KC MO. She verbally and over fb messenger gave me the scope and price and I agreed to it. She then changed the scope a bit later on. Then she changed it again but also changed the price and upped it by 5K. This GC has a horrible paying history and she is always late with getting you supplies. We discussed payment terms of net 10, and that i would invoice as work was completed. I did just that and sent her a 6k invoice and stated that there would be a 2% interest charge per day on all unpaid balances. She ended up paying 19 days late and only paid 1K out of the 6K. She stated that is what the company that hired her for this project is paying for those items. I advised that I dont care what they are paying you, we are working with you, not them. Plus they dont decide how much my company charges for work that is done. Well it was then decided that we would not be finishing out this job, that she can bring someone else in. We can not continue to work if she is not going to pay us what she owes. I then advised that she would be recieving more invoices for the work that was done after that last invoice and an invoice for interest. She flat out said she is not paying any more. I advised I would lien the project. So i got a hold of the parent company that hired her to do the work and advised about the lien. Well they told me that she signed a full release lien waiver and I have no ground to stand on, plus some other stuff just trying to be a bully. Now I never signed any wavier for the liening process.. in fact i never signed her contract she sent me because i told her we had to discuss the scope. She was adding on 3x more stuff for the same price. So since she signed that release what are my options? Also isnt there a particular form for residential that you have to sign and if you dont then its voided? I appreciate any help on this. ...Read More
Anonymous Contractor
Waiting for answerAdd commentJan 26, 2022
MissouriBond ClaimsCash FlowCollectionsConstruction ContractCredit ManagementLawsuitLien DeadlinesLien on FundsLien ReleasesLien WaiversPay When Paid
In July-2021, I contracted with a plumbing contractor. They asked for 100% payment upfront. After I paid and after the job was completed, they damaged quite a bit of landscaping in the process and they did not restore the area in its original condition. Upon completion, I was very disappointed and complained to the plumber. He basically said "this is what you get", and refused to correct the damages and restore the work site to its original condition. I stopped payment on the check ($3200). Long story short, the plumbing Co. is taking me to court. I have ample evidence of neglect and damages that I plan to present during our court date, but I would also like to know if it is legal to collect 100% payment upfront before the work begins. In other states, it is not legal. thank you for your support!...Read More
Anonymous Contractor
Waiting for answerAdd commentJan 24, 2022
South CarolinaPay When Paid
I am experiencing great problems when dealing with Primes and payments, will this work when you are dealing with A1A billing or State work? I am currently experiencing a 90 to 120day turnaround on those types of invoices and are working towards my WMBE Certification but do not want to proceed if I can't get them to pay better. The contracts I must sign have 15+ pages on how I'm going to get paid, and some of them state that I will get paid when they get there any way I can negotiate these type of contracts?? It seems to me that New York State wants everyone else to fund their projects and protects themselves with a bunch of high priced attorney's pens. It is making the Construction industry a VERY TOXIC ONE, there is so much stress due to the lack of interest from primes and owners after the contract has been signed. I would like a solution before I start a job or at least 30 days after I invoice. The Owners should have to put up a bond for payment, these type of jobs can run me over $20,000 a week in payroll which I cannot fund, any input you can give would be greatly appreciate. ...Read More
Anonymous Contractor
Waiting for answerAdd commentJan 5, 2022
New YorkConstruction ContractPay When Paid
I have an Amtrak job in California. The GC has a clause in the contract reference Paid if Paid. Is a Federal job in California still illegal to include in the contract? ...Read More
Anonymous Contractor
1 answerAdd commentDec 21, 2021
CaliforniaPay When Paid
Terms; "Subcontractor acknowledges that payment to Subcontractor is contingent upon the receipt by Contractor of payment from Owner, and that payment by Owner shall be a condition precedent to payment to Subcontractor"....Read More
Anonymous Contractor
1 answerAdd commentDec 17, 2021
ColoradoConstruction ContractPay When Paid
I agreed to work on a small residential project under a friend of mine. Being that he is a friend and I trusted him we didnt draw up a contract for the scope of work; I told him I would work when he needed me until project completion at $20 an hour. He agreed and I got to work. Now the project is completed and he has been paid in full as of last week by the property owners. I have only received $100 in payment as he said it was all he had. After 3 days of pressing him he finally said he needed a more detailed invoice so I sent it over. He claimed it still wasn't detailed enough in addition to wanting a more detailed copy of a materials receipt for the project that he was present at time of purchase. I went to home Depot and asked them for a copy of the detailed materials receipt and added as many details as possible to the original invoice for the days and hours worked and sent that on over. I have gotten no response from him after sending over the requested, more detailed invoice. I have been subcontracting under him believing he was completely honest and licensed; however, I have sinced discovered that he is not licensed, bonded or insured and has been practicing horticulture without any permit of the Alabama State department of Agriculture as well as contracting without a license for over a year now. In addition, since he did not ask for a W-9 I'm assuming he has not been reporting his earnings to the IRS either. At this point I am wanting to inquire an experts help to see what action(s) I can take against his unfulfilled promise to pay-when-paid and against his illegal practices not only for myself but for the other members of our community and the honest, hard-working legitimate landscaping professionals who are losing job opportunities to an illegitimate unlicensed contractor undercutting their pricing. I would like to note that I am recognized by the state of Alabama as a legitimate business as an LLC offering handyman services. Thank you in advance for any help in this matter....Read More
Anonymous Contractor
Waiting for answerAdd commentAug 30, 2021
AlabamaPay When Paid
Are their laws against paying upon completion in Delaware? I have a vendor who just cancelled estimate after learning that I won't pay until work is completed. The vendor stated it is illegal to finance 100% of job till completion in DE. Stated money has to change hands for contract to be binding? ...Read More
Anonymous Contractor
Waiting for answerAdd commentAug 3, 2021
DelawarePay When Paid
I am a contractor. Due to some delays with doors and windows with Covid, home owners are demanding I pay them around $3500 for their inconvenience. I offered $1200.00 as a peace offering and they refused that amount and now are not giving us our progress payment of around $19k+ that is past due. Can i do a mechanics lien? Can I sue? Can I terminate contract? How can I get the money that is due to us? ...Read More
Anonymous General Contractor
2 answersAdd commentJun 28, 2021
ArizonaPay When Paid
I recently signed onto a project, and my subcontract has a pay-if-paid clause. Is there any way to object or challenge the clause if payment becomes an issue? Any suggestions on how to protect my company if the GC never gets paid?...Read More
Anonymous Contractor
2 answersAdd commentJun 16, 2021
TexasConstruction ContractPay When Paid
what is the best way to protect myself as a subcontractor under a Pay if Paid clause in a contract....Read More
Anonymous Subcontractor
1 answerAdd commentMay 25, 2021
GeorgiaPay When Paid