Seeking Advice on Collecting Payment for Services Performed

Updated on July 07, 2012
M.S. asks from Aurora, IL
12 answers

Hello everyone!

I am looking for some suggestions or advice. Here is my problem:

We are a floor covering tile setters. Subcontractor! I got a call from my employer to handle a basic removal and floor installation. Given a strict deadline that involved working 24 hour days. During the demo process, we discovered concrete floor was uneven etc. This was mentioned to my employer who said, " do the best you can". So on I went with my work.

Finally job was completed, the GC on site NEVER once complained, or said anything was wrong with my work. On the contrary he also kept pushing to continue so we could ensure to meet the deadline. At the completion of this project, the GC SIGNED OFF on the completed work form with no additional comments, concerns, questions nothing!

Now my employer is refusing to pay me stating that the original customer (ABC company) is not pleased with the work saying "bad tile job" too much lippage. Employer has now made a decision without even talking to me, to replace entire job.

My questions is this:

How can I escalate and pursue this so that I can collect what I am owed.

If anyone has been in a similar situation or has any advice they want to share I would appreciate it!

THank you!

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Featured Answers

N.G.

answers from Dallas on

Oh hell no.

Get an attorney.

I don't have better advice than that, but this seems so wrong to me.

3 moms found this helpful

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T.H.

answers from Kansas City on

Okay, I have to admit, just the title of your post scared me a little bit! This week has been Troll Central and I just wasn't sure what I was going to find under that title! ;)

Other than that, I got nothin'. Sorry. It sounds very shady to me though and since you're contracted out you don't have access to an HR Dept...I guess I'd try a lawyer too?? Good luck!

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J.K.

answers from Phoenix on

.

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A.C.

answers from Atlanta on

Yeah, I suspect you'll need an attorney, too. Since the GC signed off on it, I think you easily have grounds to sue. Can you prove that you were told to go ahead with the job?

2 moms found this helpful

E.A.

answers from Erie on

See if you have a Lawyer Referral service in your community. They will set you up with an appropriate lawyer for an inexpensive consultation, which is probably all you need. Then I suggest taking it to small claims court if the lawyer thinks you have a case. That's what I would do.

1 mom found this helpful

T.M.

answers from Redding on

Sounds like this is one for Judge Joe Brown.

1 mom found this helpful

T.N.

answers from Albany on

Google Small Claims Court Info in your county?

:)

1 mom found this helpful
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B.R.

answers from Naples on

I think that you should have had a Notice of Commencement signed by the owner and notorized, and then recorded at the courthouse to protect your right to file a workman's lien on the property, good luck though!

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N.H.

answers from Peoria on

You may can try small claims court if it's under a certain amount. I think the amount varies by location. If that doesn't work & repeated attempts to collect doesn't work then I'd contact an attorney to see what your options are. I wouldn't put it off in case there's a statute of limitations. Good luck!!

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A.F.

answers from Fargo on

Hi Sandy! Do you have a copy of the completed work form? The general contractor is responsible for all work that he has signed off on. If the client wasn't satisfied, that's the GC's problem, not yours. You are legally entitled to your money.
Take all the documentation you have on that job and bring it to a lawyer to see what they say.

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A.S.

answers from Clarksville on

I would contact the company you did the work for and inquire about what your contractor is telling you. My dad is an electrician and works as a subcontractor at times and sometimes the contractor he is working for just keeps the money and tells my dad they are either still waiting for payment or the job wasn't completed. But in reality he just kept the money for himself to keep his own business running.

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G.H.

answers from Chicago on

Do you have a copy of the signed completed work form? Did your employer have a Superintendent come look at your work before and after it was completed? Go to small claims court. Also look into a mechanics lien/laborer's lien.

If you have all the proof that there was nothing said about poor work and it was signed off with no problems, then you shouldn't need an attorney, who will just eat away at your profits.

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