If I am a subcontractor working for a GC and he has been paid but I have not, what are my rights?

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If I am a subcontractor working for a GC and he has been paid but I have not, what are my rights?

I am a subcontractor working for a GC. I have not been paid for my work although I know from the customer that the GC has been paid for my work. The GC admits he has been paid but has used the money to pay his own bills. He keeps telling me he will pay me and tries to trickle small amount to me but I need to get paid in full. We have no written agreement. Only that he was to pay me within 45 days of invoicing. I have a small business where he is much larger.

Asked on April 10, 2012 under Bankruptcy Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think that you know what the problem is here.  The statement: "we have no written agreement."  You are going to have to sue him.  You may also have to put a lien against the proeprty you worked on in order to get some leverage here - the homeowner will sue the GC as he was paid and then hopefully things will flow through to you.  You may need legal help here.  Good luck.


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