Scenario One
I am a sub-contractor working for a prime doing Information Technology work. I submit my time sheet every 30 days. However the prime informed us via phone within 3 days to obtain payment but payment took 10 days, is this acceptable?
Scenario Two
Sub-contractor creates a time sheet every 30 days, then Prime indicated two weeks after time sheet submission. Prime will pay the sub-contractor two weeks of pay (80 hours), and continue to pay sub-contractor every two weeks until contract expires? Seems prime is hold funds back for 30 days (160 hours), is this acceptable?...Read More
Had work done in my backyard contractor over charged, I talked to him he came down on invoice I agreed told him send me a new invoice and I will pay the full amount, this was back on 12/28/2020 how long does he have to collect....Read More
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
I supplied and installed materials on a commercial project. The GC withheld major portions of monthly payments or didn't pay at all. I was unable to pay my workers and vendors. Then the GC excessively back charged my contract for work I could or would not perform due to an unachievable expidited schedule due to the GC poor coordination and management. The GC demanded that I put a large unsatiable work force to meet the expidited schedule with the promise of payment then didn't pay. The GC said that the owner was slow in payment. How do I fight the excessive back charges and collect monies due to my workers, vendors and collect for outstanding extras and change orders?...Read More
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
We are a subcontractor to a company on a commercial construction project. We have had issues getting paid by them before. The Pay Application we submitted over 30 days ago has not been paid. They say they have not been paid by the owner. I requested to know when they submitted their pay application to the owner, they have not answered that question. I am in Missouri. Their contract says that we will get paid when they get paid basically. I want to and have the right to know, by their contract, when they sent the pay app and when they get paid.
What can I do?...Read More
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
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
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
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
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 paid...is 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
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
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
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
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