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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35406
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I worked as a subcontractor general contractor on a state

Customer Question

I worked as a subcontractor for this general contractor on a state owned project, the general contractor signed a contract with my company, the general contractor did not pay me, so I contacted the agency that we did the work for, and send over a copy of my contract and timesheets for my workers, the agency is withholding the amount of money that is owed to me by the general contractor for 60 days, they want me and the general contractor to come up with an agreement, but the general contractor is not willing to negotiate, and hired an attorney. I sent over a letter to the GC asking to sit down and discuss the matter, but he sent the letter to his attorney and I have not heard back from them, what happens after the 60 days if the GC is not willing to talk about the money that is owed, will the agency release the money to the GC or will it be released to me, the subcontractor?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

As a rule, the state will not release the month to either of you if an agreement cannot be reached, and the money will be withheld by the state project when it appears that there may be a third party claim against the state. Here is a link to the law as regards ***** ***** subs on state projects. Refer to section (e) at the bottom of page 2: http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bysection/chapter_143/gs_143-134.1.pdf

There is no law however which would allow the state to release the payment directly to you---except perhaps based an agreement you reach with the GC.

However, it would be unwise to take this fact as comfort that you may take a wait and see approach. As the GC has turned this matter over to their attorney, you would be well advised to do the same thing.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
I had inquired of an attorney, and because this was the first contract, I am trying to to find a ProSe attorney, because of the cost of the attorney, what about the Miller Law Act
Customer: replied 1 year ago.
basically, the subcontractor have no rights when it comes to a public project?
Customer: replied 1 year ago.
Are you there
Expert:  LawTalk replied 1 year ago.

If you are not paid, you have the right to file a claim against the bond that would have been placed by the GC in accordance with the Miler Act.

You wrote: So basically, the subcontractor have no rights when it comes to a public project? I understand and empathize with your frustration, but of course subs have rights. You have a contractual right that you can sue on. The fact that this is a state project in no way guarantees payment just because you submit an invoice---the GC may still make an argument that you have failed to abide by the contract and seek to reduce or eliminate payment to you. But there is the bond available as well as the state's ability to withhold funds if they believe there will be the third party claim.

You also have the right to assert a lien under NC law. Here is a link to a discussion of this right: http://www.wardandsmith.com/articles/north-carolinas-new-mechanics-lien-law-the-ground-has-shifted

http://www.fullertonlaw.com/newsletters/north-carolina-has-passed-a-mechanics-lien-agent-statute.html

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
I filed a lien against the public property, but was contacted by their attorney, that I was not allowed to file a lien against a public property, so I had to release the lien.
Expert:  LawTalk replied 1 year ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Customer: replied 1 year ago.
Thanks

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