Material Payment - Contractor Talk - Professional Construction and Remodeling Forum

Pacific104 · 11-10-2009, 04:50 PM

I had funds held up from Amer Express and called them. They said that a customer was disputing charges made in June 09. I then called contractor and he said the customer ran out of money and asked if we could take payments. I then talked to the homeowner and he said he overpaid the contractor but the contractor will pay us. I did not file a prelim because we were paid right away. Now the homeowner is saying he will not pay us and to go after the contractor. The contractor is saying something different..what are my rights?

thom · 11-10-2009, 05:02 PM

State laws vary. Talk to a Lawyer immediately, there are specific times needed.

Who paid you the first time? Who did you contract with?

If the original charge was legit and you were dealing with the homeowner, just send AmEx documentation that your charges are legit. Send them copies of invoices or whatever you have.

If you originally dealt with the contractor, how did you get the AmEx number to charge? If the owner agreed to pay you, and you accepted that as payment you should be fine. If the contractor gave you the AmEx number but the owner did not agree to the charge, you are probably fu*ked

concretemasonry · 11-10-2009, 05:03 PM

Who really bought the materials? - The owner or the contractor? I assume from you personal information and name, you are the supplier.

I assume the AMEX charges were disputed by the buyer or contractor were held up the payment.

As a supplier, you can file a lien on the property, but must have protected your rights (procedures/notifications and timing vary by state) and you should be able to prove where they went.

Time to contact the contractor to determine what you have in common and how to proceed. You could go against the owner jointly or against the contractor. First step will be to sort out the responsibilities. In many areas you can lien the property and name the property owner and the contractor in the lien.

Tiger · 11-10-2009, 05:54 PM

Quote:

Originally Posted by Pacific104

I had funds held up from Amer Express and called them. They said that a customer was disputing charges made in June 09. I then called contractor and he said the customer ran out of money and asked if we could take payments. I then talked to the homeowner and he said he overpaid the contractor but the contractor will pay us. I did not file a prelim because we were paid right away. Now the homeowner is saying he will not pay us and to go after the contractor. The contractor is saying something different..what are my rights?

That's why I don't accept Amer Express. I've heard they side with the cardholder and return payment, even on a completed contract. If your experience is different, I'd like to hear about it.