What to do if I’m a subcontractor the company will not pay me?

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What to do if I’m a subcontractor the company will not pay me?

One job was completed about a year ago and I have not received payment. For another job they gave me patial payment and are now saying that they no longer owe me for that job, yet they will not tell me why. The third job they are blaming me for a carpet mistake on their part (their employee gave me different instructions about how the carpet would be laid and it’s my word against theirs). They have spoken to my insurance company which will not cover. They said that they would be charging me for the carpet, but are unable to tell me when they will pay me the remaining money for that job. It has been months.

Asked on June 16, 2011 under Business Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have written or verbal contracts with them for all of these jobs?  We all know that written contracts are better as the terms are right there in black and white and so much easier to enforce.  If the contracts are oral the terms have to be testified to and then if the other parties contests the terms it becomes a problem with getting witnesses, credibility, etc.  But either way you are going to have to sue for non-payment under the contract.  Depending on the amount you may want to sue in 3 different actions to keep them all in Small Claims and easier to deal with for you.  Or speak with someone about filing a mechanics lien against the properties the contractors employed you for.  Then the owners may get on their case and you will be paid.  Good luck.


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