Getting your money

[JDecker]

We are doing a apartment complex and we are only no our second draw.
And getting jerked around. Our check was 60% short the builder said the bank messed this month draw up and ever one is getting a hair cut this month. A hair cut that is like getting your head cut off. He tells us to push threw to next month and he will catch us up. Like I have not been told that one before. I have seen this go both ways before sometimes you get all your money and sometimes you’re right back in this spot next month. Real pissed off right now not sure what to do part of me wants to block the road off in tell there a check in my hand. I think I am going to put a lean on it and not sure if I should keep working.

 

[landrvrnut22]

The best thing to do is send him a formal letter stating this information. Attach a copy of your pay app. Fax it over, and save the transmittal sheet. The best thing to do is document the situation immediately. Continue to do so, as it happens. Get together every scrap of paper and be ready for a fight. If you show what you were owed, and what you were paid, and you made the contractor aware, you will get your money in court. Also, read your contract terms, and understand them.

 

[CM1995]

Another suggestion-

Before you file a lien and sever the communication, find out which bank is financing the project and go talk to the loan officer. As far as the bank messing up your % of completion, LTV values and general credit tightening even when you have a loan in place - I have experienced all of those with one of my banks on a rather large development project that we are constructing (with our labor and equipment) and also own.

Now I have no way of knowing if your builder/owner is in this situation or just jerking you around, just a suggestion. The last thing the banker or the owner wants is a lien. I would suggest going to talk to the banker to get the real deal. In some instances the bank will write joint checks to the builder/owner and to the subcontractors/suppliers out of each draw. This basically keeps the builder/owner from using the money that the bank has dispersed for the work you have done, being spent on something else.

Good luck.

 

[JDecker]

I feel like he is telling me the truth and i know if i stick a lien on it i would be taking a big chance of not working for the guy again. But i would sure hate to get stuck for that much money. I know ever sub got cut and some worse then us. good to hear that i not the only one. thank you

 

[Big Iron]

Our check was 60% short the builder said the bank messed this month draw up and ever one is getting a hair cut this month.

60% short isn't a haircut, its a scalping!!

Had an old boy whom I had subed out part of a project I was doing. When I explained to him I would pay him when I got paid, his answer was, son i didn't sub out to your client, I subed out to YOU, if you would pay me now that would be great.
I realize that most primes now write into their contracts that subs get paid when they get paid, I'll try to get it struck from the contract, if I can't I will politely decline and then I'll go looking for another project, but thats just me.

 

[sandnsnow]

I know this is a little off the subject, but I have been in the business for about three years. I have never had a customer who was'ent over joyed with our work. I have never had to file a lean on a property. Where should I start. He owes me about six grand. Is it worth it?

 

[JDecker]

He owes me about six grand. Is it worth it?

Not sure what you are trying to say. And there is now probable with the quality of work at all just short on this month draw and the amount of money I am talking about is a lot more than six thousand.

 

[Orchard Ex]

Not sure what you are trying to say. And there is now probable with the quality of work at all just short on this month draw and the amount of money I am talking about is a lot more than six thousand.

He's trying to say that he is in a similar situation as you and wants to know if it is worth the effort to file a lien for $6,000 and if yes how to do it. :beatsme

 

[JDecker]

sorry about that i should have read that a little closer it has been a long night and day i just got new baby girl(new operator) little bit hard to get sleep. got a little sleep and your post makes perfect senes now. my bad.

I go to county office and tell them what you want to do and start filling out the papers and mail it out to the customer you can get a lein from like officemax to i think. on six thousand not sure you might want to see what the limit is at small clams court. But i think 6000 is for sure worth it to file a lein it does not always work but does not hurt.

 

[JDecker]

Just to let you know got paid today that makes for a nice weekend thank for your input

 

[greywynd]

How or what did you have to do to get paid? In case any of us run into a similar situation....