Q: Subcontractor nonpayment on "bad job" no contract. Phone records, text & email.
I recently worked as a subcontractor, staining a concrete floor that was covered in mortar, paint, glue, and holes & the house was being fixed from hurricane Harvey flooding. We had only communicated with the contractor & have recordings of us telling them how the patching wasn't going to match up perfectly & we got "yes ma'am " from the contractor. This slab was terrible & had to grind on the surface for 2 weeks. Even though we were told the customer would understand it wouldn't be perfect, they're "very unhappy" &the bank wouldn't ever accept our deposit check because I was made out badly like a child did it, now we haven't received any payment & they say they need to talk to us but keep putting it off. They never signed a contract, there is email & phone records of them accepting a small proposal, these people have an LLC. What do I do? I'm in the hole $5000 with this job
A: AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.
A: Save the records you mention, together with any other documentation you have for materials, time sheets for labor, etc. Contact attorneys in your area to try to arrange a free initial, or brief consultation to discuss whether the matter could be viable and cost-effective to pursue in the absence of a signed contract, based on evidence you have on hand.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.