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Non paying general....what do I do???

Discussion in 'Business Fundamentals' started by WheelerandSon, Jan 16, 2009.

  1. WheelerandSon

    WheelerandSon Member
    Messages: 77

    I did some sub work at the beginning of the season to help out a fellow snow plower because he did not have all of his equipment ready. We agreed on a price (which was way low, but nonetheless, we agreed on a price. It is going on 60 days now, I have been paid by all of my regular customers, however, nothing from him. He will not return calls, etc. I know he has been paid by his customers, as I called around. Do I have mechanics lien rights in this situation? I have enforced liens on my customers, just not sure how to do it to a general contractor.

    Any insight???

  2. Eronningen

    Eronningen Senior Member
    Messages: 447

    You have no lien right unless he has signed a pre-lien notice. At least in MN. Not sure about it where you are at though.
  3. Eronningen

    Eronningen Senior Member
    Messages: 447

    What are you thinking of putting a lien on? The property that he has a contract with? Not sure if thats even possible

    Messages: 47

    You can put a lien on the property that you worked on. Just don't miss your deadline may states are 60 or 90 day's.
  5. snow game

    snow game Senior Member
    from RI
    Messages: 255

    Its worth trying the lien or at least a polite threat (call manager and ask for the correct busn. name and addresss). I worked for Symbiot a few years ago and got burned. I contacted the actual stores I was working for knowing they would not pay me directly, but "accidently" let them know I wasn't getting paid and it actually got me money during the plow season (I want to keep plowing you and don't want to leave you high but I haven't been paid, can't show up tomorrow). The only up swing was these lots were so over priced I still actually made money (I got quoted them over the phone during a major storm T&M)
  6. KAG

    KAG Senior Member
    Messages: 114

    Small Claims

    May be your only out. I am thinking you have no written agreement, it was a telephonic/verbal agreement but you can still go to SCC.

    Been there and I know how frustrating it is.
  7. WheelerandSon

    WheelerandSon Member
    Messages: 77

    I do have a written agreement with him. Also states that payment is due upon receipt of invoice. Invoices over 30 days will be charged interest. Have charged the interest. Then tells me that he has not been getting my invoices in the mail. I then physically handed him the invoices........still no payment.

    In Iowa, I can put liens on the properties that I did the work on. I am going to hand this over to my attorney Monday.
  8. snow game

    snow game Senior Member
    from RI
    Messages: 255

    Anything else you send him you should send certified mail. This guy sounds like a real piece of work. Send him a letter stating that he has broken the contract and you will no longer be working for him. then follow right up with small claims, then approach his customers!
  9. WheelerandSon

    WheelerandSon Member
    Messages: 77

    Yup, that is the same thing my lawyer said today. I have long since stopped doing work for him. I just helped him out at the beginning of the season. I use to help him plow with his trucks in the past when i got out of plowing a few years back. getting paid was never an issue. I got back into myself and he says he has 212 accounts this year (up from 62 accounts last year) and does not have enough trucks to do them, so we helped out for a couple of snowfalls.

    He tells me he has not gotten paid from any of his supposed 212 accounts that he billed over 60 days ago. I call BS on the 212 accounts, and BS on not having been paid yet. Was at my buddy's truck shop two weeks ago, and this same guy walks in and buys a new set of $2000 fancy wheels for his truck, yet looks right at me and says he doesn't have the money to pay me. BS on that too.

    This guy is going down! He is full of Iowa manure if you know what I mean. Small claims is our next visit is payment has not been made and then going after his accounts is soon to follow.
  10. JohnnyRoyale

    JohnnyRoyale 2000 Club Member
    Messages: 2,935

    Lay a good old fashioned beating on him. The legal system sucks and if he has a good interptreter of it (a scumbag lawyer) HE'LL DRAG YOU through the system. I'm out 150K and 30K in legal fees over a general not paying us...wish I had followed my own advice, but to listen to my parents and wife, I'm still shafted. Good luck with whatever you choose.
  11. redman6565

    redman6565 PlowSite.com Addict
    Messages: 1,411

    Place a lien on the work, i would think would be your best bet...not sure how that works, maybe you call the owner and threaten a lien and put stop payment to the contractor that hired you.
  12. QuadPlower

    QuadPlower PlowSite.com Addict
    Messages: 1,056

    Go right to court today. File against him. Sue for damages depending on what the amount is.

    Sounds like you have tried everything else.

    Good Luck
  13. WheelerandSon

    WheelerandSon Member
    Messages: 77

    Well, I finally got my money. Placed a phone call to him stating that if I did not see a check, that I was going to the locations we plowed for him and filing liens.

    Of course he flew off the handle and screamed and shouted, but I remained calm, and I would come pick up the check. Case ended and I will never do sub work for that guy again.

    On the flip side, many of his accounts have been calling me to do their work since he can't seem to make it there. I guess that is what he gets for having supposedly 212 accounts and only 6 trucks.