North Hollywood, CA asked in Employment Law, Business Law and Construction Law for California

Q: I work for a contractor and he's been waiting on payment from a corporation since June of 2019 . What is taking so long?

The contractor I work for was doing a job for a company called CFS Complete Facility Solutions. We did construction work for them at a Taco Bell. We completed the job and during that process. A corporation called Cushman and Wakefield bought CFS. The contract says they have 90 days to pay us and we completed that job in April of 2019. We should of seen that money by July. The contractor has sent email after email and has called them numerous times and he gets told that they're still working on it.

I suggested a lawyer and he said we would need a $1500 retainer fee and that there would be additional fees and the lawyer would take 45 % of the money and it could take up to 2 years . I told him something is better than nothing. I don't know what to do. I know that I made $8600 on that job and I want it.

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: If you are an employee of this contractor, your employer cannot make you wait for your pay until a client pays. You are entitled to payment on regularly designated pay days.

As to why there is a delay, there could be any number of reasons and no one here can know that answer. There are always glitches when companies are taken over by other companies.

Your employer can hire an attorney but it will cost money. Probably not as much as he is saying if he looks around, but if litigation results, it could be some time before any money is seen.

If you are not an employee, whether the contractor you contracted with has to pay you now or after the client pays will be subject to the terms of the contract you entered into with the contractor. It might be a good idea for you to seek out a free or low cost consultation with an attorney to work through these issues.

Good luck to you.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
Answered
  • Rohnert Park, CA
  • Licensed in California

A: Have you explored Small Claims Court … and you will want to engage a free initial consultation by video call or telephone call with at least two attorneys of your choice … Shawn Jackson - Business Development Attorney

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