I was told after completing all of my work successfully that the owner of the subcontractor company had to hold on to my money for 60 days to make sure all my work cleared. It has now been 85 days and he refuses to pay me. He is in another state and the labor board cant do anything. What are my options? He had done this to 5 or more people. Can we file a class action suit against him or his company?
2007-12-26 16:52:23 · 13 answers · asked by I-N-EyEz 1 in Politics & Government ➔ Law & Ethics
The time frame for a lien may have already passed, depending on if the work was residential or commercial, and the state the work was done in. I would immediately contact an attorney and see if there is time to place a lien. If not, I would contact the owner of the property and the prime contractor on the project, they may be able to help you as well.
2007-12-26 17:04:48 · answer #1 · answered by mkk598 1 · 0⤊ 0⤋
From reading the question, it would appear that you are an employee of the subcontractor, but the question reads like you are a subcontactor and your boss (who would be the contractor) won't pay you. These are different prospects and its needs to be clarified.
You can not file a class action lawsuit. In order for it to be a "class", you need at least ten people similiarly situation in the same situation. Since you have "5 or more" that is not sufficient unless you reach atleast ten. If you hit ten its possible for them to be certified as a "class", but there is no real benefit to being a class in this case. You are all better off just retaining one attorney rather than filing a class action.
Even if the subcontractor is in another state, he needs to be licensed in the state that the job was done in, otherwise the contractor himself can be in trouble for using an unlicensed subcontractor. Contact the licensing authority in your state AND in the state where the contactors business is primarily located, explain the siutation, and ask them what they can do. One of the two labor boards should be able to do something.
If you are a subcontactor and its a contractor who won't pay you, consider a mechanics lien on the property. These are very effective. You SHOULD have an attorney for this, as the manner of perfecting a lien varies from state to state and if not done right can ruin a suit and prevent judgment. If the house hasn't been sold, you'll want to have the lien placed on the property immediately, this will force the lien to be resolved before the property can be transferred. If the property has been transferred or the land was purchased and the house was build for the landowner by the contractor, still consider putting a lien on the property. Some states will allow you to sue the homeowner who in turn has to sue the general contactor to get the money back (Connecticut is like this!).
If you are an employee of the subcontactor and you are just looking to be paid for your wages, do a couple of things. Call your local courthouse and ask them what the maximium amount is that you can sue for in small claims court. It varies from state to state. If you are looking to recover that amount or less, save the attorneys fees and sue him yourself in small claims. If its more than that, find an attorney who will sue for breach of contract or other similar cause. Some states even have laws that will allow you to recover double or triple damages plus attorneys fees and expenses for breach of contact cases.
Also, if it is a subcontactor who does a lot of work in the area or has a "good" reputation, contact the local television station's "investigative news team". They will send a crew who will investigate, including track this guy down and attempt to get his side of the story. Not wanting the bad press, he'll probably pay all of you.
2007-12-26 18:30:11 · answer #2 · answered by BarbarianKing 1 · 0⤊ 0⤋
Being a sub for 28 yrs...your work is cleared when the final punch list is complete and the inspector gives you your final inspection...in our case putting the electrical final inspection sticker on the main service panel..Another thing to look into is a mechanics lien on the property where the work is done. in Mich. we had 90 days to file after the last day of work done on the job....GC's (general contractors) don't like liens at all......check with your state on it's use...it's different in different states..what the lien does or means is that if and when the property is sold the lien has to be paid first...also if a loan is needed and there is a lien filed on the property it has to be satisfied before most lending institutes will refinance...so what you are doing is tying up the property owners hands, which he will not appreciate....and if the owner has paid the GC he will go after the him..The lien also works if the owner has not paid the GC...The longest we had to wait for final payment was 30 days. That was on very large jobs, where they hold 10% of every monthly draw, until the job is 95% completed and then that retainage would drop to 5%. Which was to be paid 30 days after final inspection.. hope this helps...but what ever you do check into the mechanics lien law in your state...it's a very useful weapon to use on GC's that are on the shady side..or on jobs where the owner maybe a little shady...one runs into all kinds of people out there looking for something for nothing...so guard you back side....the days of a hand shake are long gone...and it's to bad...
2007-12-26 17:23:06 · answer #3 · answered by rlg 1 · 0⤊ 0⤋
You have to get certified by the courts to have a class action lawsuit, but if you have the right attorney, that shouldnt be a problem. It will take time and money, but you can find an atty who will take that on contingency; i.e., wont get paid till the end.
Are you SURE the labor board cant do anything about it? They are a federal group, not a state group, and you should be able to call their offices in Washington DC and ask them what to do next.
Aside from that, you can file a complaint in the state in which your boss is licensed and possible even take out a lien on his license until he pays you.
GET HIM with the law. There is a way to do it. Start in his home state and then call Washington DC.
2007-12-26 17:02:54 · answer #4 · answered by Rebecca 7 · 0⤊ 1⤋
can't you place a lean against the house or building so the owner has to pay you instead of the subcontractor company. Talk to a lawyer about this.
2007-12-26 16:57:54 · answer #5 · answered by nambrewsky 2 · 1⤊ 0⤋
You CAN sue him - but the easiest solution, if he's out of State, is to put a workmans lien on the property on which you did the work.
That will get the property owner onto the prime contractors butt quick time.
Richard
2007-12-26 17:01:45 · answer #6 · answered by rickinnocal 7 · 0⤊ 0⤋
Put a lean on the property. Then he can't close until it's settled.
2007-12-26 16:56:27 · answer #7 · answered by blj63 3 · 1⤊ 0⤋
Small claims court. It's easy. Just a few visits. They will force him to pay.
2007-12-26 17:00:17 · answer #8 · answered by HawkEye 5 · 0⤊ 1⤋
lickety split, as fast as you can. put a lien on the property or his property
2007-12-26 16:58:36 · answer #9 · answered by menotq 2 · 1⤊ 0⤋
sam claims court by law he have to pay you and the courts as well ?
2007-12-26 17:01:32 · answer #10 · answered by the_silverfoxx 7 · 0⤊ 0⤋