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Payment Disputes Questions

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Payment Disputes
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my pool company file a lien on my property without completing the job...Read More
Anonymous Contractor
1 answerAdd commentOct 13, 2022
FloridaConstruction ContractPayment Disputes
I'll make this as brief as possible: Months after we hired a contractor, we discovered that they're very shady -- they've changed their business name multiple times to distance themselves from bad reviews, they've acquired new licenses from other RMOs after their old ones have been revoked, etc. We ultimately fired them after the contractor lied to our faces about his identity. We were simply in the blueprint phase and have paid just less than 8,000 dollars, but have never received blueprints. We recently made a bond claim to recover some of our money. In response, they've threatened that they "will have no choice but to record a mechanic’s lien on the property and initiate a lawsuit for foreclosure on said mechanic’s lien" unless we drop the claim. This seems to me to be a bullying tactic (and they've used this before on other Yelp reviewers under a different company name), but it has given me pause -- I'm not sure I want to risk legal fees trying to waive the lien. Do they have any burden of proof in recording the lien at all?...Read More
Anonymous Contractor
1 answerAdd commentJun 18, 2018
CaliforniaMechanics LienPayment Disputes
If a person is working on a prevailing wage job and is contracted through a temp agency are they supposed to still get paid prevailing wage amount?...Read More
Anonymous Contractor
1 answerAdd commentMar 19, 2020
CaliforniaPayment Disputes
I did for some work for a contractor out of Castle Rock,Co., but the job location was in Watford City, ND. He sent me home for the holidays and was supposed to have called me back when job was ready to start back, but never did. I found out that he bought in another crew to finish my work. My contracted work amount was just over $100,000 and he only paid me about 15k of that amount. Is there a way to sue to for breach of contract and collect lost wages / profit, which would have been @ $50,000.00 ?...Read More
Anonymous Subcontractor
1 answerAdd commentAug 24, 2017
North DakotaConstruction ContractLawsuitMechanics LienPayment DisputesRecovery Options
Hi, I want to know the process I must take. Our company was subcontracted to do work. The contractor signed a proposal that agrees to deliver full payment upon completion. It has been 3 months and we still have not received payment. every time we ask he gives an excuse saying he didn't get paid yet. Which is none of our concern because that wasn't in the contract. What is the step I must take to go about getting payment? We are in the State of Florida, and we did not do a Notice to owner before we started the work....Read More
Anonymous Subcontractor
2 answersAdd commentAug 25, 2017
FloridaConstruction ContractLien DeadlinesPayment DisputesRecovery Options
The owner paid the General Contractor without the suppliers knowledge, trying to exclude himself in any payment discrepancies. The owner had agreed to a bi party check when he was told the materials were not paid for by the contractor, but paid the contractor the remainder anyway. ...Read More
Anonymous Subcontractor
1 answerAdd commentAug 24, 2017
IllinoisMechanics LienPayment Disputes
Property manager has been lying that payment would be maid soon but already over 90 days of deadline of lien....Read More
Anonymous Subcontractor
1 answerAdd commentJan 8, 2019
GeorgiaLien DeadlinesMechanics LienPayment DisputesRight to Lien
I was working in the ac company and when i was olmost finish the job i no recieve a payment and i buy somematerial but the contractor that i work he no claim the money for a general so im in the air can i claim togeneral...Read More
Anonymous Contractor
1 answerAdd commentSep 9, 2017
NevadaMechanics LienPayment DisputesRecovery Options
Hello, My name is Jamal. I recently started a project at a customer home and didn't get paid. I had a contract with the customer but didn't have a notice of lien. Is there anything you all can help me with?...Read More
Anonymous Contractor
1 answerAdd commentJan 31, 2023
LouisianaConstruction ContractMechanics LienPayment Disputes
I'm a Service provider based in Cleveland Ohio, hired to perform a service at a Construction site in Laurel Mississippi. A Planet Fitness renovation. I own Hotrods Welding LLC and this GC superintendent called me to travel from Odenville, Al to his site and make some shelving brackets from structural steel, close up the rear of the building with sheetmetal and weld up 3 doors for abandonment. I did this job through verbal agreement. I have receipts and invoice as well as witnesses to prove I did this job. I did not contract this work, it was not planned or scheduled, the Contractor called me and said it was an emergency they needed these products built and the rear of the building sealed up mechanically. The Contractor agreed to pay me upon invoice. He lied to me and I haven't been paid. I invested upwards of $5000 of my own money into paying for supplies and the bill for the job is $6726.16. From my understanding, I don't need a Mississippi contractors license unless my project value is over 50k. This Contractor seems to think I don't have any rights, as he has said this to me in his own words. I filed a Preliminary notice of furnishings through email and certified mail. Misslaw states that I have 30 days to file notice of furnishings from start of labor or first day of material delivery. What can I do to make this guy pay my bill. They've abandoned the job. They used my services to abandon it. They lied to me and I would never have agreed to do the job knowing I wouldn't be paid upon receipt. Now I am stuck in Alabama and cannot make it home to Ohio. I have other jobs to do in Ohio that I could lose. I see myself going under just as I'm getting started. Because of this contractors fraud. I have the company owner text messages stating that his Superintendant cannot make payment policy decision in his company. So I made him aware that is called fraud when his superintendent is making fraudulent agreements. He does not care. He will not provide me with the surety bond information on the project....Read More
Anonymous Subcontractor
2 answersAdd commentJan 24, 2023
MississippiPayment Disputes
This is going to be an Accord and Satisfaction question but let me give some background. I am a small residential concrete finishing business in Ohio. The customer requested a quote to put a concrete skirting/patio around their new in-ground pool after the customer had backfilled the existing excavated trench around the pool with gravel. The quote for the patio was $5,600. The customer then verbally asked for a price for the gravel backfill which we verbally agreed to a combined price of $6,500 for the concrete work and for 20 tons of gravel backfill with additional reasonable cost if it needed more than 20 tons. It required 28 tons of gravel so the final invoice was $7,300. It does not appear that there is a big issue with the final gross amount of $7,300. The customer was very hands-on with comments and demands throughout the project work. The critical item was that he filled the pool with water before we arrived and wanted us to put plastic (i.e. visqueen) over the entire pool and down between the future concrete edge and the side of the pool in order to prevent splatter from getting in the pool water. I told him that the plastic would prevent a good concrete finished edge up against the pool side and that he would need to cut the plastic away after the concrete dried which may leave some plastic showing. He said "do the best that you can" but insisted on his process. I told him that the normal practice is to do the work without water in the pool and have a solid edge between the poolside and the concrete in order to get a good finished edge. His dispute is with the quality of the finished edge but I am not asking for advice on resolving that issue. My question is with Accord and Satisfaction. My final invoice (invoice #1722 dated 10/4/22 for work that was completed on 9/23/22) for $7,300 is itemized as $5,600 for the concrete work and $1,700 for the backfill but it is all on one invoice (i.e. not separate invoices for the backfill and concrete work). I have had several discussions with the customer regarding the quality dispute and he refuses to let me on the property to assess and remediate. There is no dispute on the quality of the gravel backfill portion of the job. I finally offered a $500 goodwill credit to resolve the issue if he pays $6,800 which is did not accept. He verbally offered $5,900 as payment in full which I declined. He then sent me a letter in the general format of an invoice and labelled it "corrected invoice #1722". His corrected invoice is organized in two parts ($2,108 for the gravel and backfill and a $5,000 gross amount for the concrete). I have no idea how he came up with $5,000 as the gross amount for the concrete work when my invoice (and initial written estimate) shows $5,600. I also do not know how he comes up with $2,108 for the backfill when my invoice shows $1,700. In short, his gross amount of $5,000 + $2,108 = $7,108 as compared to my invoice of $7,300. I would have been fine with this difference but he then deducts $839.15 from the $5,000 to arrive at an amount of $4,160.85 for the concrete work. He issued two checks (one for $2,108 for the backfill and one for $4,160.85 for the concrete). The check memos say "concrete" on the $4,160.85 check and "backfill" on the $2,108 check. The checks do not say "paid in full" but his letter/corrected invoice, as well our discussion, leads me to reasonably assume that he intends the payments to be considered "payment in full". My understanding of Ohio Revised Code 1303.40 is that if I cash the checks, it will be considered payment in full under Accord and Satisfaction doctrine. My questions are 1) I assume that I should not cash the concrete check as it will likely be interpreted as payment in full. 2) Can I cash the backfill check which exceeds the backfill portion of the invoice and preserve my rights to collect the full amount on the concrete work? 3) If so, should I refund the overpayment of $408 on the backfill or just treat it as a deposit or partial payment on his account? 4) If I treat the $408 as a deposit, should notify him and, in that notification, should I state that I reject his concrete adjustments and request that he acknowledge that I am cashing the $4,160.85 check as partial payment of the concrete portion of the invoice. 5) If I proceed as stated in #3, and the customer accepts, can I cash the $4,160.85 check. 6) Do you have any other advice. Hopefully this has been entertaining to read and potentially be an example for your future blogs or customers. Please send response to denniswiser86@yahoo.com...Read More
Anonymous Contractor
Waiting for answerAdd commentOct 13, 2022
OhioCollectionsMechanics LienPayment Disputes
We received a retainer based on our contract. We completed the project, billed the client, but the client refused to pay the bill, offered less. During a two month time where they would not answer my emails or texts, except a very briefly and inadequately, I learned that they did not ever sign my original contract. The original contract states that payment of the retainer is acceptance of the contract in entirety. At this point, we're at stalemate. They are not talking. No permit has been applied for that I know of. They owe a few thousand for the design work....Read More
Anonymous Contractor
1 answerAdd commentAug 24, 2022
CaliforniaDesign ProfessionalMechanics LienPayment Disputes
I am a property owner where my contractor walked away from the job introducing an un-approved change order. He has already collected 85% of total payment from 7out of 8 milestones but only completed 75-85% of each milestone work. At the final stage he introduced a change order for the work done in 4/5th milestone and 2.5 months before. That change order was never known to us and never approved so its payment got denied by us. When we told him to complete the paid milestone job immediately he left the work (He threatened many times before to quit the project too ---red flag but we were stuck with a contract). We paid 7 milestones 100% payment in good faith but we got cheated in return and now we don't know how to proceed. If we sue him, we will end up spending more than he owes us. Small claim court is too small an amount to cover. Our project has stopped for the last one month and we don't know what is the best way. ...Read More
Anonymous Contractor
1 answerAdd commentJan 26, 2023
CaliforniaChange OrdersConstruction ContractPayment Disputes
Hello, im from Puerto Rico, general contractor for residential remodels, LLC, licensed/certified with DACO(bonded). Was working with an investor/foreigner since September, who purchased a property under his LLC, and was supposed to provide all the remodel necessary. Provided multiple quotes, and verbal agreements, which resulted from an original estimate of about 50k potentially turned into a under 5k, after all the time and services provided from estimates, to translating to name a few. Less than a week, received an email requesting a refund stating he would only be doing the general repairs, which is what the actual invoice he agreed and paid on was about, reduced from a medium size rehab down to the general/basic repairs, yet still requested a refund. No actual contract was signed. There is a draft of what was supposed to be the contract, prior to him continuing reducing the original scope discussed. I would just like to be compensated at-least for the time and services that was actually provided since September. But going on my 2nd yr in business, and have no debt or overhead, so definitely will avoid at all cost any stress and loss of piece. Any help will be greatly appreciated!...Read More
Anonymous Contractor
1 answerAdd commentJan 13, 2023
Puerto RicoPayment Disputes
I'm a Concrete Contractor. I completely doing a pour and finished one of my Customer job and I get paid in full. After few weeks, I just find out the same Customer turn around and disbute against my Bank Account so my bank hold some of my funds. What should I do?...Read More
Anonymous Contractor
Waiting for answerAdd commentJul 20, 2022
OregonPayment Disputes