Home > Research Legal Advice > Contracts / Agreements > I work as a sub contractor for a roofing co. They are not paying me, and...
Asked over 2 years ago - Denver, CO
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The customer!!!
Since they claim I cant contact the customer as I no longer represent them, and that if I pick up checks, I would be stealing!!! But the General Contractor wont pay me, what the heck can I do? They also have paid me short on the last couple of checks, and refuse to give me labor costs, and aterial costs... I worked hard to get these customers, they did not give me leads, these are mine from door knocking, and referrals... Please help me!!!
I have a pay plan
I have my Reconciliation sheets to prove the amounts paid on previous jobs
I have the original Craigslist add when I was Hired
I have many emails, where they complain about paying, and refuse to pay what they owe!!!
I also have Proof that they hire Subs without Gen Liability, nor Workmans Comp!!!
A subcontractor should utilize its lien and other related rights as soon as possible once a general contractor fails to pay. The simple rule is to file first and then negotiate. Getting this done promptly is critical.
A possibly effective strategy that many subcontractors fail to consider are application of impound statutes and trust claims against the general contractor. These should be considered by subcontractors in addition to any lien filings.
Lien strategies and suit issues are complicated and you should contact an attorney to discuss the issues and costs. If you don’t know of any attorneys, contact people you know and trust for referrals. If you have no referrals you should review the attorneys on this site or contact your local bar association for their referral program. If you cannot afford full representation, then you should consider limited representation where the attorney is there to advise you on forms, strategy, and your rights and you proceed to file suit.
I hope this helped and good luck.
DISCLAIMER—This answer is for informational purposes and is not intended as specific legal advice regarding your question. This answer does not establish an attorney-client relationship.
You should make an appointment with an attorney to discuss this and other contracting issues. It sounds like this problem could have been avoided if you had an attorney review your contracts BEFORE you started work and checked out the background of the general contractor to determine whether or not the general contractor has a reputation for not paying its subcontractors. The lien laws will provide some protection for you. An attorney can help you with this problem, and help you avoid similar problems in the future.
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