What to do if a subcontractor is not getting paid by the contractor?

UPDATED: Aug 19, 2011

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What to do if a subcontractor is not getting paid by the contractor?

I’m a subcontractor who is not getting paid by the contractor, however, we did not draw up a contract. I did deliveries for him under my own business name and was paid as soon as the customer I was doing deliveries for paid him. I have not done deliveries for 8 months and I still waiting on 7 weeks of pay. I do have proof that I was getting paid from him (he issued a 1099 to me for the past 3 years) and I have invoices and emails for jobs completed that I send to him.

Asked on August 19, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are not getting paid for work performed you need to send an invoice to the contractor who owes you money with a date set for payment where if not paid within 30 days net, a 1.5% monthly finance charge (18% per annum) would be assessed on the unpaid balance.

If you are not paid within a reasonable time after sending this suggested invoice, you will have no other choice but to file an action for payment against the contractor possibly in small claims court or forget about getting paid.

If you have not done any work for this deliveries for this contractor in eight months, you can assume you will not be getting any more business from him or her.

It seems that your only option to get paid is to bring a lawsuit against the contractor for services rendered.

Good luck.

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