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Prompt Payment Questions
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Prompt Payment
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Request for legal advice: Hello, I’m Daniel W Walling the owner of a small construction company doing business as a general contractor. I took over the company from my father who started the company in 1961. We do General commercial remodeling & maintenance. We were contacted by Taratino Properties Inc. to do flooring. I’m a small general contractor from Waco TX I don’t have any employees I just hire sub-contractors to do my jobs (I have paid my subs already) I was hired by Tarantino Properties Inc. a giant property management company to put new flooring in the “Raleigh State Office Building” owned by the Texas (801 Austin Ave, Waco, TX) We have had email communication with Coni Jenkins (the person who hired us) she is based in Houston. She explained that the state was funding this project and she hoped to have the funding “any day now” I have 3 other small project that have not been paid for ether. The 1st finial invoice for the “Raleigh State Office Building, Flooring Replacement” was on 10-25-22 for 66,720.00 After some changes the 2nd finial invoice was sent on 11-4-22 for 63,995.00 Further changes were made because a flooring area was done that should not have been done and I had to eat the costs. So, the 3rd finial invoice was turned in on 11-16-22 for 57,701.00 I’ve had to borrow a lot of money to pay off all my sub’s and suppliers but their all paid off Coni Jenkins keeps telling us the funds (state of tx as I understand) are still pending g and it should come thru any day now. I have 3 other jobs I’ve done with them that I have not been paid for they are listed here. Replace 1- window on 10th floor invoiced on 7-28-22 for 1,700.00 Replace 1- window on the ground floor. Invoiced on 7-29-22 for 1,700.00 Flagpole – fix 1- flagpole invoiced on 12-1-22 for 1,571.50 What I would like is some advice / help to get paid. I have no contract or work order but do have emails giving me the go ahead & direction over the course of the job before, during & after the job. Thank You Daniel Walling – Owner 254-366-8181 danie@wallingconstruction.com Walling Construction LLC 515 Woodall Waco, Texas 76705
TexasI'm a 1099 contract employee on a commercial project. My payment has not come in for three weeks. What is my next move?
FloridaWhat if I did the work without a contractor's license? I don't think I can do a mechanics lein but are there any other legal routes I can take to force payment? What if I get a contractor's license after the job has been completed? I have an approved estimate and text messages verifying amounts to be paid
VirginiaI have reviewed your prompt payment resources which are extremely informative. Do you have any information on which states prompt payment legislation also applies to design consultants (architects/engineers) and not only contractors.
(note: I am looking for resources on all states - not just Michigan which was selected above)
MichiganI'm a sub contractor and we have a contractor withholding payments from September and October of this year. He is claiming for non-performance, but the work that was in those pay apps is completed. In addition, there are material charges for material and equipment that is on the site and installed. I received confirmation that the contractor has been paid through 10/31/2022. My understanding of the prompt payment act is that the contractor can withhold payment for unsatisfactorily performed work, but how far back does that go? Since our pay apps were approved for the months of September and October, isn't he required by law to pay us for the approved amounts? He has not provided any information that our pay apps were fully or partially denied, even though I have asked repeatedly. He continues to claim that we are not manning the job to his satisfaction, which is his opinion. He has not given us a substantial completion date. He continues with empty threats that the owner is unhappy but continues to provide any actual documentation proving this fact. Should I move forward with an intent to lien at this point?
New JerseyI was hired to do a job. Client asked for quote, was unable to provide until after doing job. Final bill ended up being 15k. Client thinks market average for this job is 8k. So far have paid 4.5k, refusing to pay 15k. Nothing is in writing, all oral agreements. Where do I go from here?
New MexicoI 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.
CaliforniaI am a general contractor who works for a bigger general contractor. Over the last six months we have done 150 jobs. They are slow paying me and I want to put liens or at least premiums on the last 45 homes that I have worked on. If they pay the bill on the last 45 homes can I keep the lien paperwork active while I push them to get payment on the other 105 houses ?.. we are in Sac Ca.
CaliforniaI 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
IllinoisI got a call from a GC stating they were in a emergency situation and needed a electrician ASAP. I drive a hour to the location. The original electrician did some rookie work and did not complete the original scope of work. I ended up working at project for almost a week. I did find all the issues and the job was completed. I asked about payment and was told they write checks on Fridays. It was Sunday so had to wait a week. Friday comes around and I ask where and how do I get my check and was told to go by their office after 2 PM. The lady from the office called saying she had some paperwork for me to fill out. W-9 which no problem then there was a Annual Subcontractor agreement before they can give me my check. No one told me anything about having to fill out this paperwork. I refused to sign so they said they could not release my check until I do. Their agreement basically takes all responsibility off of them and puts it on me. I even went to bid a second job with them and still no one said anything about this contract.
TexasI just reviewed my roofing agreement that I was an estimate. It stated that payment will be $1000 plus insurance premium. The state adjuster I worked with was recommended by them and I had to payed him 15 % of my insurance settlement amount. Can I get out the agreement without getting a lien put on my property or paying the roofer 35% of my settlement since I no longer want to use them. I live in the state of NJ and they already completed 6 roofs in my neighborhood.
New JerseyIf a customer were to not pay timely what would be the interest calculation? Is it compounded? I saw prome plus 1% but how is it calculated and is there a stautute that expresses it?
New JerseyHi, we did a commercial job in phases, the first phase went ok but last june we started the last phase and did some work between june and december 2021 that havent gotten paid for. we were hired directly by the owner. no formal contract, just proposals and she would just accept and sign them. we hired an attorney in januarry 2022 to file a mechanical lein, the mechanical lien was filed and we sent her notices but we havent hear anything yet . the construction is not completed and we have an open permit with the city for the irrigation system that we cant close becuase the job isnt done yet. I want to know if there is anything that we can do to "enforce" the lein or get her to pay for the work that has been done.
TexasIf we had a signed contract with a general contractor on a project and then the retainage law was updated/changed during the construction process, does the job then fall under the new updated law or does it remain with the date that the contract was executed with a general contractor?
TennesseeContractor did work and have been paying him over time as I do not have the funds. He is now charging me late fees and some are as high as 40% per year on the amount owed as he has miscalculated the amounts. Are there any remedies available to me? Thanks.
Oklahoma