radclerk1

Hi all,

I am new to the site but have been reading posts for a few months.
Just a quick question regarding a GC I've been working for.
I recently started an interior paint job for him, my bid was $6,000. I was to be paid $2,000 upon start which I was, $2,000 upon primer and first coat completion, and $2,000 upon completion of entire job. So far i've completed primer and first coat. Just today I went and asked for my second draw and was told I will get it when the owner of the company comes back to florida. (he lives in mass.) I don't know if I should continue because I feel I may get burned. Just wondering if I should just cut my losses and leave the job before I go any further, and if I do this can he pursue any legal action against me for breaking the contract?
Keep in mind, I've only been paid $2,000 so far and have done much more than $2,000 worth of labor and materials.

Any answers would be appreciated.

woodisgood

Do you have a written contract with this payment schedule included? If so I would wait for payment. Don't forget no matter where the owner is the USPS goes anywhere,anytime. The bad thing in this line of work most courts want you to finish the job first and then go after your money.

radclerk1

Yes, we do have a written contract, but no one is sure when he will be coming down, and i'm just getting the run around when I ask questions.
I would like to continue to work because I have a pretty tight schedule, but he will not release a signed check until he sees the work. This is my dilemma.
Should I keep working or not? I've had problems like this before with him, once I waited six weeks for final payment because his guys ordered the wrong doors to be painted. What can he do if I just walk? I've done more than enough work to justify the original $2,000 draw?

Thanks for the responses

paint_booger

The first thing you need to do is document every move you and all your people make. If you need to go to small claims court, you need to show the judge all your time, effort, and expenses. (Went to paint store - 3.5 miles - back home to type up memos for job, and write checks for subs - subs worked 16 man hours - joe & john - $400 - etc ...) Be very detailed!

Second, check out what it takes in your state to file a lean on the property. He can't collect his money at closing with a lean on the house. YOU WILL GET PAID!

Third ... let the GC know that, "It is only a formality, and you know it won't come to it, but you have the papers ready to file a lean on the property, and it would be in everyone's best interest for the owner to wire the $ ASAP.

Fourth continue keeping his schedule. Don't fall behind by waiting, or he could back-charge you for delays.


GURU

radclerk1

The more I think about it, the more I don't even care about the money. I just want to move on and cut ties with them. I'm tired of jumping through hoops to get whats owed to me. What legal action can they take if I have already done what i've gotten paid for up until this point.

Thanks for the quick responses

dincao

You should make it knonw to him that you have completed your end of the contract and he is defaulting on his payment...Send him a certified letter stating that if payment is not received as per our contract you will have no other recourse but to halt work and you will be filing a mechincial lein on his property to satisfy your costs to date...make sure you do this so your a## is covered.... there is no reason why you have to wait for him to come back if 1)you have no idea when that might be>>2)If there is is a foreman or somebody else that can evaluate your work not to stop progress of work and ck..Do you have a # to contact him direct to speak to him about problem first???otherwise i would send certifed letter and not do another ounce of work until he pays you.... he will not be able to take any legal action....

radclerk1

Keep the responses coming, and thank you to everyone who has already taken the time to respond, it is greatly appreciated.

regards,

vic

woodisgood

Is your contract with the owner or the G.C.? If its with the G.C. he is the one holding payment. When I enter a contract with a sub the sub gets paid out of my pocket reguardless if my customer is paying me. That's part of the 10% we charge to be using our money to continue the job no matter if the next payment has arrived or not.

radclerk1

The contract is with the GC

paint_booger

Vic,

Running your own company is like a boxing match. You need to learn to dance. Stay on your toes, and cover your chin. Not all clients will roll over and let you pet their bellies. Quitting isn't what we do! It's a learning process. You take a few hits, and learn to do things differently next time. Never Give UP!

radclerk1

You're right paint_booger, the more I think about just walking away the more of a sick feeling I get in my stomach. Thanks for that response it actually makes me want to pick up a brush right now and just finish the darn thing.

Chris Johnson

Before you go and walk off the job for non payment does your contract stipulate that if a payment is not received within XXX days of certain milestones you have the right to stop work? or something along those lines?

If not and you walk off the job for non payment and you don't have a stop work clause you could be toast for delays.

Hate to say this you might have to bite the bullet and finish the job and hope you get paid without the lein process needed. And in the future fix your contract, contracts are a two way street, for you and the buyer, sounds like it is more buyer friendly than you want/need.

__________________
Chris

Brock

Did I miss something?

You were to be paid in three stages. 1. Up front deposit 2. Prime and coat 3. 2nd coat. You have completed 2 stages and have been paid for 1 stage. Why in the world would you consider starting phase 3 until phase 2 has been satisfied?

Move your next job up and start working on that project. When phase 2 has been paid for then you schedule phase 3. Am I the only one that thinks this is a no-brainer? I hope I misread the post.

concretemasonry

When did you finish the primer and first coat? yesterday? today?

Did you submit a request for payment?

It is hard to walk in on a Friday afternoon and expect an immediate payment without submitting something for approval. I am sure not everyone was just waiting for you to come in.

__________________
Dick

radclerk1

I submitted my bill for the second draw on monday, because I know that they are very unorganized due to the fact that the owner of the company lives in massachusettes. I don't expect anyone to just wait for me to come in. But getting a call on Friday stating that i'll get my money when the owner comes down to florida without giving me a ballpark time frame when he will be arriving irritated me. Like I said in a previous reply I've gone through this before with them, that's why i'm a little agitated. It's my fault, I should have cut ties on the last job I completed for them.

Thanks for all the responses

outsidethelines

I usually have to wait for some time before I get paid by the GC I have been working for. I put up with it because I appreciate being able to work for him and I know that he will come through for me eventually. I can relate to how you feel though; many times over. But, it sounds like from what I remember, dincao is 100% correct. Also, did you submit a preliminary notice to the HO? In CA, I think it is required for just this reason. That way you can have proof that the HO was aware of the work being performed. Otherwise, UH OHHH!!Also in CA, everyone involved can go after the homeowner for payment regardless of who the contract was with. Because the law is that even if the GC gets paid by the HO, if he does not pay his subs, the subs can still put a lien on the property, and as far as I know, if you put it in the contract specifically that you are to be paid a progress payment at a certain phase of the job, and they sign it, then they have to pay. However, also in CA, your deposit cannot be more than 10% of the total bid. So, if the law is the same where you are, then they already paid you more than was due (if I read your words correctly).
However, I think you just have to try to keep a good rapport with the GC. You are the only one who can judge the character of the GC you are subbing for. Do you trust him? Doesn’t sound like it. Be patient and have a little faith. If he's a good guy, he'll come through. No one likes to go to court!

mmike032

stop work now, do not do any thing else untill your paid. i just burnt this same way.i finished a job and owner was out of town .but like a dumb ass i did 2 more jobs for them and so far i have only got about 1/3 of hte $. and now theyre saying they are going bankrupt.today i went to fill outy the lien pers. DO NOT DO ANYMORE WORK or you risk getting the shaft