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We are a small construction company who was subcontracted on…

Customer Question
Hi We are a...

Hi We are a small construction company who was subcontracted on a large job to do work where they are subcontracting through the premium contractor we signed a contract with them to get paid a price per unit and now due to our crew being taken from the job. they are now refusing to pay any invoices along with any future invoices..

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

The kicker is they took our crew off of the job stating that we broke a subcontractor agreement signed with the premium contractor. which is a non subcontractor agreement. However, we have employees not subcontractors so no rules were broken. This company ultimately took our crew and now employs them on the same exact job. They are claiming we had subcontractors so they could recruit them. ILLINOIS

Lawyer's Assistant: Has anything been filed or reported?

No this just happened yesterday

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Since they are drawing off of the premium contractor within a 30 day app. They are now saying that even though we have a contract with them, they do not have to pay us until the project is complete. Therefore, we cannot put a lein on anything. Correct?

Submitted: 1 year ago.Category: Legal
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Customer reply replied 1 year ago
I do have the contracts that have been signed which I can send. I assume you need to read them?
Answered in 8 minutes by:
3/21/2017
Lawyer: INFOLAWYER, Attorney replied 1 year ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,604
Experience: Licensed attorney helping individuals and businesses
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I can suggest some options. would you like that information? please let me know and i will put it together and respond shortly. You can wait or come back later when we email you that a reply is ready. Thanks for your patience. This is not the answer. just an opening question so I can better focus the answer and make it more helpful.
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Customer reply replied 1 year ago
please suggest options. Thank you
Lawyer: INFOLAWYER, Attorney replied 1 year ago
If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage. Can also ask for an injunction.You stand to recover not only your actual losses (compensatory damages) but also interest, costs and legal fees. on occasion special damages (punitive damages) are also available.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.A lawyer can reach out to settle.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Kindly rate me five stars.
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Customer reply replied 1 year ago
Are they able to withhold funds under breaking the subcontractor agreement. even though we have a pay contract with them?
Customer reply replied 1 year ago
No where in either contract is there a clause stating we will be withheld funds due to breech of contract.
Lawyer: INFOLAWYER, Attorney replied 1 year ago
No. It would be a breach of contract claim.Good luck.Leaving a bonus after rating is very much appreciated.Kindly rate me five stars.
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Customer reply replied 1 year ago
a breech of contract claim we would have been required to sign? correct?
Lawyer: INFOLAWYER, Attorney replied 1 year ago
The non payment is the breach
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Customer reply replied 1 year ago
ok. I understand. They are claiming not to pay us due to us breech a no subcontractor agreement. The contracts state nothing as far as a penalty of non payment for this. I just want to make sure that they have no valid reason to withhold pay.
Lawyer: INFOLAWYER, Attorney replied 1 year ago
I see no valid reason.
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Lawyer: INFOLAWYER, Attorney replied 1 year ago
Good luck. Kindly rate me five stars.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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