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Discussion Starter · #1 · (Edited)
Hi all-

I have been the subcontractor on a job for over a year now. Though I have always had a hard time getting paid, this is the icing on the cake.

I am currently owed around 10K. The contractor that hired me stop returning my calls, texts & emails for a month now. I finally contacted the homeowner directly who literally had NO idea this type of situation was occurring.

I got an update that the Contractor does not intend to pay me EVER because he does not have all of my insurance certs over the last year. First of all I have ALWAYS been insured on the job. Obviously, my insurance company can't go back and create a Certificate, but they can give me a transaction history showing my dates of insurance.

Is this even allowed? I am going to the Courthouse first thing tomorrow to place a lien against the house....all input is greatly appreciated. :detective:
 

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Discussion Starter · #2 ·
UPDATED** I was never asked for Insurance Certs until recently. I always assumed if they didn't ask, not to bother as I do carry both workman's comp and general liability.
 

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The Duke
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You sound like you covered yourself well. It doesn't matter if he asked you or not, if you were insured at the time, then all is good.

It sounds like he is stiffing you. More than likely, the HO is going to be the one you need to try to get your money from. They will be pissed for sure.

The lien laws vary from state to state, obviously, so when you go to the courthouse, you will probably just be picking up the information you need to PROPERLY file a lien. Make sure it is the PROPER way, or you will not get anywhere if they have a good lawyer.

There is usually an intent to lien sent first. There is a certain amount of time before this passes before you can actually place a lien.

If you are getting nowhere, foreclose on the lien as soon as you can. Pick up the paperwork for that as well ,so you know what needs to be done just in case.

Usually, once you get the HO's involved and press them, they will be quite mad at the GC, who they probably already paid your portion of.

They will NOT want to pay that again. Be nice to them!
 

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The Duke
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Looks like Florida has a $5k limit to small claims. DON'T BOTHER with a lawyer unless it is absolutely necessary. You will get sucked dry.

Next time, don't get so far out on what is owed you. Stay at least within the small claims amount, then it could be an easy, quick trip to the courthouse to file. Once it involves lawyers, be prepared for a really long drawn out pissing match.
 

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Kent Whitten said:
Looks like Florida has a $5k limit to small claims. DON'T BOTHER with a lawyer unless it is absolutely necessary. You will get sucked dry.

Next time, don't get so far out on what is owed you. Stay at least within the small claims amount, then it could be an easy, quick trip to the courthouse to file. Once it involves lawyers, be prepared for a really long drawn out pissing match.
That is some very good advice. Never let them owe you more then the small claims court limit.
 

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I get certificate of insurance from every contractor... They always notify theirs insurance agency and they send renewals automatically.

Each check I write to a contractor, must match the date of his certificate, if not... I get audit by the state every year and they check everything and if someone got a check without insurance, I have to pay for it.

In addition to that, each subcontractor on my job must fill out and sign this form, I'm sure if you a GC you probably do the same, it's called Master Risk Subcontract... If you don't, then here is the form if you like to protect yourself from headaches.
 

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Hope I'm wrong for ya.... and I know nothing about Fla law, but normal MM lien law has certain time limitations..... and I've never heard of anything going out near a year.

But you can probably still send your "Intents to Lien" and probably file your lien.....

Whether valid or not, just the filings can persuade parties to cooperate.... have to say that carefully... because customer relations/referrels and public filings can be "influential" for a GC.
 

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First off - Whether or not you had or have insurance or provide certificates of insurance, is not relevant to payment unless you specifically agreed to such conditions.

If you did agree to such conditions; Well then, pony-up the documentation or battle-out an amicable settlement amount based on your contractual agreement, and/or making the GC whole due to his GL penalties incurred by your breach of contract.

Pretty simple.
 
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