Can a roofing company not pay its sub-contractor for the work that was done?

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Can a roofing company not pay its sub-contractor for the work that was done?

I was hired on as a subcontractor by a roofing company in Melbourne Florida. All work was good until it came time to leave. The company refused to pay on 5 houses 14,440. They said all the house’s we did were going to leak, and not done right. All our houses passed City inspection. We were waiting on the last 5 to get inspected. The company nit-picked little things on the last 5 houses saying it needed to be fixed and that they were deducting it from our pay. Not giving us the chance to fix our mistakes. They don’t answer our calls or texts. I need to know what I can do to get paid.

Asked on April 16, 2018 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You sue them for you money--that is, for the money they had agreed to pay you for the work you did. That is how you get paid. In the lawsuit, you need to show the terms of the agreement and that you did the work; that creates your entitlement to the money. They can try to show that you violated your agreement in some way (e.g. by not doing what was agreed) or that your work was flawed or careless, causing them to incur costs or lose money. If they can show that, they may be able to get an offset against what they owe you: i.e. if you work was substandard, they could reduce what they have to pay you. But they'd have to have evidence or proof of this; they can't just claim it without proof. The court will listen to both of you, weigh your cases, then issue a judgment requiring them to pay some or all of you bills.


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