I am I sub contractor and I was given a sub contractor agreement to view and sign and have not yet signed due to having some issues with the agreement etc. I been performing installs for this company for approximately 6 months and I just completed a large job yesterday that their crews abandoned and did not complete. I submitted an invoice for the job today ( Wednesday ) and I receive payment for work completed every Friday and I received a call from the company I performed the work for stating that they will not be cutting me a check until I sign the agreement. If I don’t like the terms of the agreement or have issues with it, can they hold my check and use it to force me to sign the agreement ? Thank you !!
Not really enough detail to answer this specific question but generally, you are entitled to get paid for your work. If work has already been done, there must have been some type of agreement in place already or you wouldn't have done the work. A demand for payment based on the preexisting agreement is entirely proper, but in your case, you did not say how much is owed, or give any details about any preexisting agreement so it's impossible to give you guidance. Contact a local attorney with experience and get specific answers.
This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is only licensed in Pennsylvania, and you should contact an attorney in your jurisdiction if it is outside Pennsylvania.
Unless you have some agreement allowing them to withhold payment in this circumstance, you do not have to sign a new contract to be paid for prior work. If you are legally not a contractor, but an employee, then there are significant penalties for withholding your compensation. The business reality is, however, that they likely won't want to do further business with you if you demand payment without signing. You should discuss with an attorney prior to signing anything with them - it sounds as if the relationship is breaking down.
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.
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