Builder who tries to avoid payment

So I have this builder I did work for, but I was sub-contracted by a cleaning company, on Several occasions he stopped me from doing what I was contracted to do to do other things he requested and assured I would be paid for that, when I sent the original invoice I got a reply stating all my services were covered by the cleaning contractors.
I then talked to the cleaning company who then sent an email , which I forwarded to the builder with the bill.

No response, its coming on 3 weeks past due.

TBH I will not put up with non payment.

I have read other on hear state, " if you don’t pay we can always put the dirt back!".

Since this was a CCU, I have a dozen eggs in my lower fridge which expired in December of 2016, my thoughts are put them out the back in an old vehicle I have to fester for a week, then dip them in this 10 year old paint that is all sludgy and its horrid tbh then throw them at the builders home.

Good idea?
LOL I really should go to bed…

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Excellent idea. Fly me out there and I will help! When I was 8, I threw 30 strikes within 10 batters.

You want me there.!

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If this is any significant amount of money, you may want to look into a Mechanic’s Lien.

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Heck, just mentioning to the company your next step is to place a Lien on the property is enough to probably get them to pay. A lien will hold everything up at closings and it breaks contracts for everyone because it is directly placed on the house or business title and it ensures you are paid before anyone else can get money.

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More effective than egging the builders home but not as much fun!

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I agree with both of you. However, As much fun as it would be to do that, the future home buyer doesn’t deserve it. Politely let them know you will be left with no other choice but to place a lien on the property, and give them 1 more week, THEN ACTUALLY DO IT!

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Actually I think you’re screwed here. You don’t have a contract for work or estimate given. It’s your word against his if the services were even ask to be done and he is not even your customer you’re a sub to a sub.

Likely it’s more the point that he is screwing you but likely wasn’t much money, consider it a lesson learned, good post

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If you were sub contracted by cleaning company.
There the one you should be chasing for the money.
As you said, the builder said stating all my services were covered by the cleaning contractors.
The builder did not hire you but the cleaning company.

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But the cleaning company who hired him did not authorize additional work

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I had a verbal agreement as I took it with the builder, as I was cleaning he was asking me about this and that.
Then I stopped and told him the arrangement that I had made and that he was paying my hourly rate after the general clean, his response was “whats your hourly rate” I told him he nodded and that was that.
1 day I showed up and he asked me to wash the exterior of the house with my WFP, I tried to inform him I could go back home and grab my trailer and wash the house properly but he said just do it with the brush… ok only 3 times the work and time, but he once again assured me I would be getting paid for it after my hesitation.

I wasn’t planing on egging the house the builder had just built, but HIS house… hehe

The few times I had issues trying to collect money it was usually a builder, always got resolved but did take effort and no longer would perform any services for them and made that known. They’re probably used to it didn’t matter to them

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OK the here thing it is just a verbal agreement he said you said thing.
But do understand have done this many times myself.
Never had problems.
Send builder invoice for work you done for him what was done hours etc.

He did send the invoice :frowning: he is getting the run-around 🖓

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Yes he sent the Cleaning Company invoice so tells me that the Cleaning Company is the one that has to pay him.
That aside normally builders like to have 30,60 or even 90 Day accounts.
Unless other wised agreed to in writing.

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Lesson learned, always a written agreement.

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Sounds like he sent the original(as in the extra work being done) to the builder who told him that it is covered by the cleaning contractors. I do understand the initial work is to be paid by the cleaning contractor but I am assuming he means the extra work.

Most want 30 Days, yes, but to send him back to the cleaning contractors and then not replying for 3 weeks does not sound like it’s just about wanting 30 days. They aren’t even accepting his invoice.

I may be misunderstanding it…

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I had to send 2 invoices 1 to the cleaning company for the work they agreed to, they already payed that.
The second invoice was for the builder for 9 hours work.
So with net 30 is that 30 days from when they received the invoice or 30 days from the due date on the invoice, the invoice was sent on 13th September so today makes it 1 month from issue.

Would you inform the builder if payment is not made then the dirt will be put back, or just do it?

I’m not sure what legal options you have here. Unless you have signed ‘change orders’. When I was a paint contractor, we always had to have a signed change order to authorize any extra work. Often, the homeowner or customer would make the request but act like the contractor should pay the extra out of their previously agreed to bid. Without a change order stating who authorized and who will pay for the work, we would not do anything outside of the job scope.

May be chalked up to a learning lesson.

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I would simply find out if the builder is going to authorize the check. If so, you may have to wait for it. Builders are not known to be the quickest payers for any of their contractors, especially a one off contractor.

If not, and you have nothing signed between you, you might be on the losing end.

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Things are changing so I have an important question! Do you know where the cleaning contractor lives?

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