Announcement

Announcement Module
Collapse
No announcement yet.

When Contractors Won't Pay

Page Title Module
Move Remove Collapse
X
Conversation Detail Module
Collapse
  • Filter
  • Time
  • Show
Clear All
new posts

  • When Contractors Won't Pay

    I have a friend (or at least he used to be) who owns a local plumbing shop in the area. He does not do drain work and does not even own any equipment to do so.

    He hired us to do some camera work for one of his customers for a total cost of $500.00 in a commercial kitchen in a nursing home and he has yet to pay after nearly 3 months.

    He also has an outstanding invoice that is over $1400.00 that is nearly as past due for the same customer but at a different facility.

    He will not respond to my calls or emails and I not sure how to proceed from here. I have had other friends who are contractors say that I should put a lien on the properties to get my point across.

    What suggestions do you all have for this situation?
    www.firstresponsedrain.com

  • #2
    Re: When Contractors Won't Pay

    Lien on the property,


    letter of intent to sue to collect.



    Take this as a learning experience of that the gain will be getting paid for your time. Not the money that's not being paid, the money you'll collect as a result of your legal efforts. That's the only way to look at it as you can discount your time down to nothing.

    Now if you have employees, materials involved, of course that adds to money spent and no return.

    Make it ugly in a legal fashion, don't try to smear as that could backfire. The best way to hurt someone is financially.

    The same way he's "trying" to do it to you.


    You could include a "3rd" location that you'll instantly clear up when you appear in court with the individual. Think about a time and place where you did work for him on the nod, and I'm sure there's one out there that you could say you did work at so-n-so place at so-n-so time.

    The experience will make the next time sooooo much easier, knowing the legal maneuvering. Don't get a lawyer involved right away. Shouldn't have to if you're willing to walk those legal steps alone.
    Northern Kentucky Plumbers Twitter Feed | Plumbing Videos

    Comment


    • #3
      Re: When Contractors Won't Pay

      It is very important to know and understand your rights to file a lien and their deadlines. These are the ones for Illinois.


      Is it too late for me to protect myself with a Mechanics Lien?

      If you decide to perfect a Claim for Lien because you have not been paid, it is very important that you do not wait until the last minute before taking action. It can take several days, or maybe even weeks, to gather the correct information necessary to perfect a Claim for Lien. The time frame in which a contractor must act to fully preserve his Claim for Lien depends upon two things:

      If the Claimant is a... sub-contractor working on an owner-occupied, single-family home, Then he or she must take action...,no later than 60 days after his first day of work, or the first day of delivery of materials to the job site.

      If the Claimant is a... sub-contractor working anywhere other than an owner-occupied, single-family home,Then he or she must take action...,no later than 90 days after his last day of substantial work1 at the job site.

      If the Claimant is a... general contractor, Then he or she must take action...,within 4 months (not 120 days) after his last day of substantial work at the job site.








      http://www.illinoismechanicslien.com...3/Default.aspx

      This is a site I found by Google so take it with a grain of salt.

      Mark
      Last edited by ToUtahNow; 02-03-2009, 10:16 PM.
      "Somewhere a Village is Missing Twelve Idiots!" - Casey Anthony

      I never lost a cent on the jobs I didn't get!

      Comment


      • #4
        Re: When Contractors Won't Pay

        It sounds like a lien is something I can arrange myself without the need for a lawyer. Am I correct in this?

        Do you think a hard hitting letter from my attorney would trigger something with him before the lien?
        www.firstresponsedrain.com

        Comment


        • #5
          Re: When Contractors Won't Pay

          Originally posted by jrsaltz View Post
          It sounds like a lien is something I can arrange myself without the need for a lawyer. Am I correct in this?

          Do you think a hard hitting letter from my attorney would trigger something with him before the lien?
          Yes generally speaking you can do it on your own. The problem with doing it on your own is if you do it wrong and run out of time you lose your rights.

          I filed one lien ($700) the entire time I was in business. A GC would not pay me for an extra fixture which was added Prep island sink). The HO ended up being a Lien Attorney and gave me 24-hours to remove it. I decided it was cheaper to drop the Lein than fight the owner.

          Mark
          "Somewhere a Village is Missing Twelve Idiots!" - Casey Anthony

          I never lost a cent on the jobs I didn't get!

          Comment


          • #6
            Re: When Contractors Won't Pay

            Contact a lawyer, If you file a lein for a job you were sub contracted to do by another contractor and the owner of the property has paid the contractor that hired you, the property owner may be able to take you to court for filing a unjust lein on their property.
            ________
            Kawasaki mt1
            Last edited by TOPDAWG; 02-24-2011, 06:20 PM.
            Mike

            Comment


            • #7
              Re: When Contractors Won't Pay

              Send a certified letter with all information.

              Document all phone calls & emails.

              Then take him/her to small claims court for the services, court costs, court prep, AND time lost for having to appear in court.

              When he/she tries to contact you to pay before the court date-don't return their calls for awhile.

              J.C.

              Comment


              • #8
                Re: When Contractors Won't Pay

                I trust you have something authorizing you to do the work other than a verbal. Do you have a WO or other document which shows the work was performed and completed from the other contractor?

                Otherwise they could counter with you never finished or the work was UNSAT for some reason and it will be your word against his.

                I say send a certified letter as JC says, and state that the next letter will be from your lawyer in 10 days advising him you are taking the matter to court.
                Last edited by Bob D.; 02-04-2009, 07:35 AM.
                ---------------
                Light is faster than sound. That's why some people seem really bright until you hear them speak.
                ---------------
                “If I had my life to live over again, I'd be a plumber.” - Albert Einstein
                ---------
                "Its a table saw.... Do you know where your fingers are?"
                ---------
                sigpic http://www.helmetstohardhats.com/

                Comment


                • #9
                  Re: When Contractors Won't Pay

                  Well I'm sorry your having this problem. I had the same but with a customer that would not pay for a cedar fence I build. He owns a business on the main street of my city. I went there one morning to see what time he showed up the next day I was there before he was I had i sign that said he did not pay me for the fence I built. He said he was going to call the police I said that was a great idea and maybe he should call the news paper also. He told me to leave I said no I'm on public property . I had the cash 15 minutes later. You could try this.

                  Comment

                  Working...
                  X