What to do if our company was subcontracted to install gutters on a home by a roofing company but now it has failed to pay?

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What to do if our company was subcontracted to install gutters on a home by a roofing company but now it has failed to pay?

Is my best recourse to send a lien warning to the homeowner? We have 2 companies that we are having problems with. One of the homes is here and one is in another state. Are there different laws within each state?

Asked on January 7, 2013 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

All states have their own laws in this regard, but they tend to be similar.

Your best recourse is to NOT lien the homeowners, since that will not necessarily get you paid promptly--from what you write, it's not the homeowners who have failed to pay you and against whom you should take action, but the roofing companies; therefore, you should take action against them directly. You can sue them for the money; if there was an agreement (written or oral) to pay your company for doing work and your company fulfilled its obligations, then the contractor is required to fulfill its obligations, too. If they do not, you can enforce that agreement in court with a lawsuit.


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