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should I have to wait to be paid? Contractors please help?

I guess you would call me an independent sub contractor...I work for a contractor but am not officially an employee. I work for them regularly and depending on the job usually get paid every two weeks sometimes more often if smaller jobs. recently we have done two jobs that the contractor didn't get paid for. It's now been over a month for one and two months for the other and I still haven't been paid for them. Contractor claims they will pay me when the homeowner pays them. I feel this isn't fair to me. I don't really work for the homeowner (or I would have got more money upfront to cover my employees) I also don't have stocks in this company, is it my problem they didn't get paid? I have no contact with homeowner I can't ask for money from them or get reason why not.

Am I being unreasonable? Is this common practice?

one job was complete the other was not completed and won't be by us but again is that my problem the contractor is having issues with the homeowner?

2 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    I'm a controller for a construction company, and I hate to tell you but this is pretty normal.

    We typically write our sub-contracts with a "pay-when-paid" clause.

    If you have been doing this for a while, you are probably aware of the retainage that is held from most requisitions. This is just another one of those policies that is fairly normal in the construction trades.

    That being said, this doesn't prevent you from filing a mechanic's lien on the project. If the job was bonded (not likely) you'll file a copy of the lien with the bonding company. If not, it will just attach to the home owner's property in most cases. To learn more, read at http://en.wikipedia.org/wiki/Mechanic%27s_lien

    In most cases, the homeowner will owe, even if he has already paid the general contractor. Of course, as anyone who has tried to collect from someone who doesn't want to (or can't) pay, it is easier to win the right to be paid than it is to collect.

    Source(s): Lots of experience.
  • 1 decade ago

    the contractor should pay u even if he has not been payed himself yet

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