QUESTION
General contractor has not paid subcontractor for work and now general contractor got someone else to work on house, how do I get paid for my work?
Asked on Jul 13th, 2011 on Business Law - New Jersey
More details to this question:
Contracts on all 10 houses for plumbing. Rough plumbing work has been completed and inspected per my contract. General contractor keeps saying he is waiting for money from bank. He wants me to put more time, materials and money into continuing the job. I told him that I will not put another man-hour on the job until I get paid for what is owed by contract. General contractor says he doesn't care about contract. General contractor gave us a partial check so that we would start up again and then 3 days later stops payment on check. Found out through plumbing inspector that new plumber is on job and working under my permit/license. What can I do to get paid for the work already done? It might be too late for the construction lien last day that was worked on all 10 houses was May 30 & 31. Can I file for theft of services? Something, I need to pay my bills too.
1 ANSWER
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The correct course of action would have been to file a mechanics' lien on the property. This, unfortunately, needs to be done within 90 days of last work. Now your only recourse is to file a lawsuit for services provided against the GC and the properties respective owners. The amount of the contract will determine what court you should file in. My guess is that you will file in New Jersey Superior Court, Law Division. You could probably approach the police regarding theft of services. However, it is likely that your complaint would received much attention as it is only about money and the police have far more to worry about these days. My advice would be to contact an attorney regarding issuing a demand letter to the GC and the property owners.
Answered on Nov 10th, 2011 at 3:33 PM