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
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
Private project I am a subcontractor seeking payment from prime contractor. They're telling me I can't get paid until they get paid which happens to be around 90 days from when I started working project will be done 100% way before that not received one dime as of yet. Please advise...Read More
Pay if Paid has been upheld by the Ohio Supreme Court. Yet in this article you suggest that it is not enforceable here. Read Transtar Elect vs A.E.M. Electric Service Corp....Read More
It is legal in California, to say that an invoice will not be paid if received after 90days, for any of your related vendors performing work on your behalf?...Read More
I have a subcontractor requesting payment for their performance bond. The project is for DOT, just this week we completed precon meeting and finalized a start date. No work has been done to date. We normally pay our subs once work has been completed, we have been paid then we pay our subs. Do we need to pay the bond before work has started, or tell them we will pay them once we are paid by the client?...Read More
I’m a subcontractor that did some work at a liquor store. The company i got the work through is refusing to pay and I have talked with the liquor store and they have paid the full invoice already. I paid for all materials and both me and the general supplied labor. I have $15,000 in just coat wrapped into this project and have not received a penny. We are supposed to be splitting profits 50/50 and the more I ask for money the more the general says essentially there are no profits but is still refusing to pay my costs. Total invoice for the job was in excess of $40,000 and from my records I believe I am owed $24,000. I did serve the liquor store owner with a pre lein notice at the beginning but haven’t served a intent letter yet....Read More
Prevailing wage jobs we are currently started a mid size job. For A GC , He asked if I would do more jobs for him . My question is what is the normail amount of time , aloud for him to pay me ?...Read More
We completed a home renovation where the contractor walked off the job, filed a lien against us, and then filed a lawsuit. An attorney friend recommending settling to avoid the cost of court/arbitration.
After the settlement was signed we learned that the contractor (and his attorney) were intentionally holding back payments to the HVAC subcontractor and tile/flooring subcontractor. The HVAC contractor contacted us directly and specifically stated the contractor and attorney are not responding to him. The tile/flooring contractor actually sued the GC after we settled.
The problem is, these amounts were never disclosed to our attorney or to our bank via the Affidavits per payment. It would have changed our mind about suing since we could prove fraud.
I'm not sure if the contractor can claim this is a dispute between him and the subs and therefore isn't required to be disclosed to the bank. I believe (I'm an foresnic accountant/CPA) it's fraud since they filed a lien and lawsuit based on false/represented amounts. I'm on the fence of reporting to the police and/or suing for fraud in obtaining a settlement. ...Read More
I am curious about overtime pay. Say we work five, 10 hr days. We get paid overtime past 8hrs a day. So would we be paid overtime for the full 10 hrs worked Friday being as we would be at 40 total hrs at the end of Thursday? With a total of 18 hrs over time pay and 32 hrs regular? (32 hrs regular mon-thurs + 8 hrs over time( 2hrs per day) = 40 hrs by end of day Thursday. Friday 10 hrs all over time?)...Read More
I sub a bathroom remodel from a GC. We had a verbal agreement the day I was done he would pay me. The project has been done for a while but the home owner and the GC are at it over receipts. Bottom line I am stuck in the middle. I need to get paid. I need to know my options and find a attorney that will tack on his fees to help me get my money...Read More
I am curious about overtime pay. Say we work five, 10 hr days. We get paid overtime past 8hrs a day. So would we be paid overtime for the full 10 hrs worked Friday being as we would be at 40 total hrs at the end of Thursday? With a total of 18 hrs over time pay and 32 hrs regular? (32 hrs regular mon-thurs + 8 hrs over time( 2hrs per day) = 40 hrs by end of day Thursday. Friday 10 hrs all over time?)...Read More
1. We are a Subcontractor and work under a GC. Our contract states that we are 'paid when paid' by GC from owner within 10 days. Trying to figure out if there is a proper time to file the intent to lien or the actual lien. For example. if it is July and we are still awaiting a payment from April's draw- is this normal protocol to file a lien?
2. What is the stance on filing a mechanic's lien for retention close the the 30 day AFTER the notice of completion is filed? ...Read More