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Got a situation on my hands, wanted some opinions/directions ya'll would take to rectify the problem.
I have been installing vinyl for a particular GC for about 3 years now. He does mainly restaurant remodels. Knew him for a while before that also.
For the first year or so, I had contracts on all the work we did, signed with a 1/3 down. After we went along for a while, I started slacking on the contracts. Never had a problem getting paid, and a lot of times, he wasn't on the site, and getting a signature was a hassle. I didn't want to stand around and wait for him to arrive when I got guys that could be working. He liked my work, and always had my walls ready for me when I arrived. He also paid way above average vinyl w/c rates (12.50 lin. yd.) so the $$$ was good. Average job was 2 men, 10 hour day, $1500-$2000 invoice. So we got comfortable with him just calling me saying XX job would be ready on next Friday. We'd show up, sling the w/c, and I'd invoice him when done.
Well, we did 3 different jobs for him in March and April,and after invoicing, i left town for a bit. Got back, and called to see where my checks where. This was in early May. He said he never received the invoices, the money was in the bank, and he was ready if I could invoice him again. I always emailed them so I thought maybe they got lost in cyberspace. so i re-emailed, and also gave hard copies to his foreman on the next job that we did for him (#4). called a couple days later, he mumbled something lame about he had not got paid for the jobs yet and hung up. Trouble ahead.
I reckon you see where this is going. Now the guy is MIA. His foreman says he hasn't heard or seen from him in over 2 weeks, and 2 pay days have rolled by with nary a dime handed out to his workers. Word on the street around here is that all the money went up his nose and he's in deep $hit.
My question is that I know the procedures for filing a lien on a residential homeowner, but not sure how to go about this situation. ese jobs were done in storefronts where the business owner was leasing from the building owner. Who to lien? Can I lien? Should I hunt him down and go ghetto on him?
I know all states have different laws, but was just curious if anybody had dealt with a similar situation. My lawyer is getting a call in the a.m.
Sorry for a long post, I know Grumpy probably fell asleep after the 1st paragraph.
I have been installing vinyl for a particular GC for about 3 years now. He does mainly restaurant remodels. Knew him for a while before that also.
For the first year or so, I had contracts on all the work we did, signed with a 1/3 down. After we went along for a while, I started slacking on the contracts. Never had a problem getting paid, and a lot of times, he wasn't on the site, and getting a signature was a hassle. I didn't want to stand around and wait for him to arrive when I got guys that could be working. He liked my work, and always had my walls ready for me when I arrived. He also paid way above average vinyl w/c rates (12.50 lin. yd.) so the $$$ was good. Average job was 2 men, 10 hour day, $1500-$2000 invoice. So we got comfortable with him just calling me saying XX job would be ready on next Friday. We'd show up, sling the w/c, and I'd invoice him when done.
Well, we did 3 different jobs for him in March and April,and after invoicing, i left town for a bit. Got back, and called to see where my checks where. This was in early May. He said he never received the invoices, the money was in the bank, and he was ready if I could invoice him again. I always emailed them so I thought maybe they got lost in cyberspace. so i re-emailed, and also gave hard copies to his foreman on the next job that we did for him (#4). called a couple days later, he mumbled something lame about he had not got paid for the jobs yet and hung up. Trouble ahead.
I reckon you see where this is going. Now the guy is MIA. His foreman says he hasn't heard or seen from him in over 2 weeks, and 2 pay days have rolled by with nary a dime handed out to his workers. Word on the street around here is that all the money went up his nose and he's in deep $hit.
My question is that I know the procedures for filing a lien on a residential homeowner, but not sure how to go about this situation. ese jobs were done in storefronts where the business owner was leasing from the building owner. Who to lien? Can I lien? Should I hunt him down and go ghetto on him?
I know all states have different laws, but was just curious if anybody had dealt with a similar situation. My lawyer is getting a call in the a.m.
Sorry for a long post, I know Grumpy probably fell asleep after the 1st paragraph.