Have you ever had to put a lien on anyone?

[Reign_Maker]

Here's the story:

Spent the last 6 weeks doing this job, sub contracting under a subcontractor... Basically, Im trying to avoid getting effed in the A... The big company, PKC, hired US Drywall Specialties (USDS) to build a WingStop... Well, USDS hired me, my company, Emerald Coast Drywall & Texture (ECD&T) to pretty much do it all... I did it all... Now, PKC owes me $7700... However, they have thier contract with USDS, not me... So they are saying that the remaining balance owed to USDS is $3200... However, I have $4500 in change order work... I come to find out that even though I was told to do all the change order work, no contract from PKC was made to USDS for the work to be done... Of course, PKC was happy as balls when they heard the work was done...

Anyway, I've got about $3500 in payroll, they say they are only going to pay $3200... WTF are my options? Lien? If so, WHO do I lien? USDS for not getting the contracts for the change orders? PKC? WingStop? I dont know... Im so pissed off, because I seriously busted my ass for these assholes and this is the repayment I get... A fuckin loop hole... They didnt tell me change orders needed contracts, but they sure werent in a hurry to stop me from fixing all the damage that happened... *holes in the roof, water everywhere, it was a mess, but Jake saved the day*

Anyway, any advice would be great...

 

[Enraged]

what happens if you go back and take down your work?

 

[pimptrizkit]

not first hand experience, but my brother does drywall, and he's bitched about having compnays owe his shop 10k or so and they would have to lein the house's or what not

i would call a lawyer and try to get some good phone advice..

 

[Reign_Maker]

Enraged, I cant just go bust up all the tile and rip down the ceilings and all that... The store opens in two days... Im having a conferance call with the rep from PKC tomorrow, and I just dont know how I should handle this...

 

[Rennat]

Lawyer up. Easier in the long run.

 

[suprahero]

I've been screwed over on a job by a larger company in Birmingham for $8000.00 and I tried to put a lien on the school, but you can't. You can't put a lien on a school and this larger company knew it so I nevr got one cent. After being screwed out ot all that money, I didn' have the money for a lawyer. If you can afford one or know of one that will be present with you during the conference, it would help you out alot and let them know you're not going to sit by and let them screw you over. Good luck Jake.

Enraged, how would him tearing down all of his hard work ever help anything? Everyone always says, they'll do this and they'll do that, but in reality they wouldn't do shit if faced with the same problem. You can't threaten large companies with violence or anything else. All you can do is fight them with lawyers or hope that they're decent and pay you what they owe you. Hopefully they will do what's right.

 

[mkiiSupraMan18]

Enraged, how would him tearing down all of his hard work ever help anything? Everyone always says, they'll do this and they'll do that, but in reality they wouldn't do shit if faced with the same problem. You can't threaten large companies with violence or anything else. All you can do is fight them with lawyers or hope that they're decent and pay you what they owe you. Hopefully they will do what's right.

Yeah right... all these bad asses on SM would bring a 12ga and a shovel. That'll show 'em.:2ar15:

 

[Doward]

Yes. Let's all show up, hundreds if not thousands of us, with 12 gauges and shovels.

We'll get you your money - your build is depending on it!

Seriously, though - PKC hired USDS who hired you. Seems to me that USDS owes you your money.

 

[Keros]

If USDS's name is on the work order, it would be them, as far as I know. If you can get a lawyer, get one ASAP... like, yesterday. Being one step ahead of the competition from day 1 will put you alot closer towards victory.

 

[JMDigital]

Put a contractors lien on the building. I dont think that will stop them from opening the store. sounds like USDS may be trying to slip a fast one. They aproved the changes so they are responsible to pay, even if they did not get aproval.

A lawyer is a good idea however it will eat into the money you collect.

good luck

 

[Ckanderson]

They are tryin to short you 300 bucks?

 

[suprahero]

They are tryin to short you 300 bucks?

Now, PKC owes me $7700...........
Anyway, I've got about $3500 in payroll, they say they are only going to pay $3200... ...

It looks like they're going to pay him $3200 of the original $3500.00, but they still owe him $4500.00 in repairs and extras.

 

[Dunckel]

Can you go after the contractor's Bond??

 

[Dunckel]

I have threatened to lien houses before. Never actually had to follow through. Usually when you tell someone that the contract they signed basically stats that if the balance is not paid in full within 10 days of completion, I will sell your $300,000 house for whatever I can get out of it, minus the $3000 you owe me. They are pretty quick to pay.

 

[Ckanderson]

It looks like they're going to pay him $3200 of the original $3500.00, but they still owe him $4500.00 in repairs and extras.

ohhhhhhhhhhh

I was confused.

 

[Shytheed Dumas]

If small claims in your state's up to $5000 you wouldn't need to worry about the expense of a lawyer... Or is something like this just too complicated to handle without a lawyer?

 

[Dunckel]

All of the lawyer talk reminded me of something. Also in my contract it says that signer of the contract will pay for all court and attorney fees, including mine. What are the stipulations of your contract, Jake?

 

[Reign_Maker]

I never had a contract directly with PKC... My contract was to complete the work orders via USDS's contracts... The change orders were after the fact... When I talked to PKC this morning, they said the only change order they ever recieved was the one for $2000, they never saw the c/o's for $1200, $1200 and $100... Meaning, USDS never sent them to PKC...

 

[suprahero]

Are they saying anything about reimbursing you any of the chang orders? I hate when the small man gets screwed over. A small business is hard to run when you are getting paid, but impossible to run when you're getting screwed over. Good luck Jake.

:x: ......minus the grin

 

[Enraged]

i didnt mean destroy the work, i wasn't sure if the work that was completed could be removed pending payment...