Non Payment

joecarpenter

can I charge a GC with a criminal act for non payment to a sub

K2

In my state no.

ProWallGuy

No, I don't think it would be covered under criminal law. More of a civil case. But I might be wrong.

Lawyer up!

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mdshunk

There is "theft of services" and "theft by deception", but for those you need to prove that he never intended to pay you when he hired you.

Teetorbilt

Here, it's a civil case and the 'break even' point is about $12K with an attny. There must be another way because I see smaller cases listed in the paper every week.

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joasis

That is why liens were created. Fraud and a bogus check would be the only cases criminal charges would be filed, at least where I am. I know lots of guys are reluctant to lawyer up, but that is what I would do. You win the case, he pays your lawyer fees anyway, unless he has no assets.

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pwrpapa

You can't get water from a rock.

A+Carpenter

Yes you can if the check exceeded $500.00 and came back NSF. They prosecute people every day for hot checks

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joecarpenter

With all the laws the enacted you still get screwed.
Does it even pay? You have to wonder. the only people who make out are the lawyers.

Project53

Well if he gave you a check..and it did not clear....then yes.
But if he just did not pay you....depending on the amount. I would guess you have to go to small claims court.
I don't see how you could put a lein on a homeowners house if it was just a remodel and the contractor didn't pay you.....I don't think any court in the land would do that. You have to go after the contractor.

mdshunk

Of course you can. It's done someplace every day. That statement of yours demonstrates a fundamental lack of understanding of lein law.

Project53

Well I really think it depends on what kind of contract the sub signed with the GC. If there was a contract. Unless I'm reading this wrong....??? Unless the HO contracted you directly and signed a contract with you. How can you put a lien on somthing that you had no contract for??? Like I said...maybe I don't get whats going on here?

nadonailer

No, you can file a lien as a sub if you weren't paid by the GC. Even a material supplier can lien for non-payment. In Ca, you do need to have filed a preliminary notice, though, but people lien anyway. That's why homeowners should alway get lien releases before paying off their general!

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