Need Legal Help !!! Maybe?

Andre Chavez

I decided to take a project from a company based in Ohio. We came to a fair price, signed the contract and began work. The job was to take place in Chicago, Wisconsin and Indiana. The job took two months and I completed it. Now the problem. It came time for the company to pay me but, they said they needed my insurance certificate first. Well in the beginning I told them I had none that I usually paid the GC extra to be added to his insurance as the sub. They initially had nothing to say, they totally blew me off. Well two days after I had signed - bamm!!! I received the material, the directions to the locations, and various invoices and other paperwork. Well I did the work. Nothing was ever mentioned over the two months about insurance. Now they want it and I dont have it. My question is this. What should I do? I never had to deal with issues like this before. And do they legally have the right to not pay me? Please advise. Thanks

mdshunk

Even if you were a crack smoking ex-felon, who smelled funny and swore at the customers, they still must pay you. You did, after all, perform the service. Unless any contract you signed releases them from paying you if you don't provide proof of insurance, they're on the hook for paying you.

Shame on you for not having insurance.

Tom R

Tell 'em you just realized your back hurts from the job you did, - - and you're ready to rat yourself out, - - to 'their' insurance company.

And if they pay you, - - go get yourself some damn insurance.

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Peladu

Here’s what may be going on with their side. Their insurance company wants proof that you have insurance, and if they can’t give their insurance guy proof that you were insured, they will be liable to pay the 18% to cover you for the time you worked. This happened to a friend of mine and he was slammed.

So, do they owe you the money? Yea.
Could they try to take the 18% out of the cut? Sure
But, if it doesn’t state anything at all about insurance in the contract, (which sadly I have to say, most all of mine do) then you can get your money.

Good Luck and give them hell.

JustaFramer

I have read and signed a couple contracts that stated what they wanted in coverage for insurance then stated all moneys will be held if the requirements are not meet in 30 days after work starts.

PipeGuy

Drop a dime on an attorney for the legal advice and find a good insurance agent. It amazes me that you can even get a job without coverage.

DecksEtc

Also, please tell us you received a deposit and partial payments along the way. The way you described the situation I get the impression you're waiting for the full amount to be paid - I may be wrong but that's the way it read to me.

Pearce Services

From what I have seen, the common practice is to ask for all certificates of insurance prior to any work taking place.

If the contract doesn't state the you will need to provide proof of insurance, and they didn't ask until completion, then you can't be accountable.

On the other hand, you are working in 3 states with a significant amount of liability for you and your crews without insurance (not a good way to conduct business).

I think I would get insurance, send a copy of the policy. Get paid, and keep insurance for any upcoming projects. This may be a lot less money than a lawyer.

How are you pulling permits without insurance, were they required?

go dart

save the atty moneys.they can deduct the cost of ins plus a small admin fee but you should be paid when your contract stated.

Pearce Services

His price may have already reflected the discount for no insurance.

BTW..... the company that hired him is acting irresponsibly, giving work to a non insured contractor, I'm sure they did it to save money.
Expect this type of company to play any games they can to get you to accept a lower amount, and drag you out in the process.

PipeGuy

That's why you need an attorney - to tell you what's stated and what isn't.

go dart

if he doesn,t have ins then PROBABLY no atty. good chance of getting boned from both ends. what kind of moneys at stake here? also by getting an atty it may really drag out. the generals stalling, has he said he won't pay? lean on his office mgr and call often. hopefully this will get him paid quicker then a bunch of expensive letters

Glasshousebltr

Oh so far we have come my little cyber friends, ya just can't shake a mans hand anymore. We stinking build piggy back occupations on a daily rate.

Bob

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Bob

NUTSnBOLTS

Damn, dude. Why would you do a job without insurance? Trying to outbid some hard working guy who did have insurance? That's messed up right there.

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