getting paid

csv said:

I did a job 2.5 months ago through a real estate agent for their client. The job was a condition for closing which was suppose to be the next week. Since it was urgent I took the job to help them out. It was done on time and passed inspection. I made the mistake of accepting being paid out of closing. And now 2.5 months later house hasnt closed, and I avent been paid. I am a little pissed at myself but more pissed at the real estate agent for not even letting me know and ducking my calls. I should have known this would have been a cluster of a job since the homeowner lived outta state and buyer is a long haul truck driver, so the agent represented them both. Besides a tongue lashing what are everyones thoughts?

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without knowing where the job is located it is hard to tell you what to do, but you did agree to get paid at closing.

when is the house scheduled to close?

If you are a licensed GC, you should know what to do.

There's nothing wrong with what you agreed to but next time insert a clause similar to this:

"Payment due at closing OR within 30 days of completion."

Or

"Payment due at close of sale, which is anticipated to occur on August 24, 2009. If closing is delayed, payment is due in full NO LATER THAN September 15, 2009."

Then include your normal provisions (assuming you have them) for late payment. Also include an intent to lien in your contract. Some states require notice of intent before you can lien. Your attorney can tell you if it's kosher--but you can often insert the notice into your contract and save yourself a delay if you do have to get ugly with them. (And prevent the process from getting pushed out past the deadline to file.)

Unfortunately, you'll probably have a hard time getting anyone to sign a lien contract when they're trying to clear the title to close.

I tend to avoid projects for sellers. They have no connection to the house or the quality of work. Most just want it cheap and thrown together fast.

Ed the Roofer said:

Serve them with your Intent To Lien and follow through with filing your Mechanics Lien to preserve your rights to payment and at least you will get paid at the closing, plus interest and fees.

Ed

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How can he charge interest and late fees if he agreed to wait till closing? He should be payed with or without closing but the terms are upon closing.

wireless said:

How can he charge interest and late fees if he agreed to wait till closing? He should be payed with or without closing but the terms are upon closing.

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In the Mechanics Lien Act, at least the Illinois version, you are entitled to Interest from the date that you completed your work.

He needs to protect his money regardless of the home owners situation.

They may somehow find the funds available to pay him immediately if a Mechanics Lien is placed on their property, which would Cloud the title.

Ed

I deal with this all the time. Go to the Broker. The deal fell through, the bill is still due. If the Broker won't do anything, go to the DRE and complain. If nothing at that point, lien the property, assuming you have not missed your opportunity (time frame), no one wants a lien on the property they are trying to sell.

Waiting on money is the name of the game in dealing with Realtors. I wait on the money for every job I do, but it is the only big money we bring in. Our jobs are small, but the foreclosure work is real good and I want to be part of it, so I wait.

Go to the Broker, hopefully they will handle this situation and get you squared away. Good luck.

Let me lien it for you. I had to file a lien only once, about 12 years ago. Did it myself down at the county building. Few weeks later, hired an attorney to go after the money. We settled for full payment during the pretrial.

Now the funny part. 5 years later, I get a call from a title company regarding the property. Seems my lien was still in force. Attorney must have forgotten to remove it (or assumed I did). Title company tells me " It would really help these people out if you could handle this immediately".
O.K. Let me see. You want me to help out the people who almost put me out of business? Called attorney and asked him legally how long we could wait to remove it. He said, Lets not play games, I will do it tomorrow. Such a funsucker!

At the time I was fine with having to wait for closing, still am. But since its pushing 3 months and the agent has giving me 3 dates since the original, I am starting to get fed up with it. They were in a jamb and needed the work done asap, I fufilled my end to the T, now fulfill yours one way or another. I have never had an agent be so bitchy about it either. I was just hoping not to have to get all legal on them. Thanks for the responses and listening to my rants

I've done this quite a few times - fortunately, all the planets were in alignment and I got paid w/o issue.

HOWEVER...

My contract had language similar to what Christopher posted [#5 ]

AND....

I was fully prepared to file a lien as detailed by Ed [ #8 ]



This sort of event was quite common around here during the past few years.
Why would I pass on a paying job because of a little extra paperwork?
Have your estimate reflect the possible crap storm coming your way ~ and charge accordingly.



For the OP:
If it's not too late ...file that lien!

I was asked to bid a job for a Realtor on a bank owned fourplex.It is a lot of work.I asked the Realtor how I would be paid.She said "They usually pay within 30 days.".
With the way my cash flow has been I don't think I can take the risk.I could probably work something out with my subs but paying for materials is a whole other can of worms.I pay for most materials with my business AMEX.I have an A+ rating with them and I don't want to risk being late.The materials would be around 8/9K..
A year ago I could have done it as I had way more cash on hand...It sucks to pass up work.....:sad:

HusqyPro said:

Jack, have you thought about relocating where there is some work? Build up some cash?

http://guamdol.net/component/option,com_jobline/Itemid,365/

Some are paying round trip airfare and lodging for six months.

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How's the food?

13.56 an hour for a carpenter...Sign me up!

That's funny...

"Where America's Workday Begins"