Consumer Fraud Contractor will not pay for labor performed

[mepifano]

Jurisdiction

Illinois

Thank you for taking the time to hear my testimony.


I worked for a general contractor from 01/09/2018 to 03/09/2018 on a home renovation/construction project. During this time period, I received 5 payments (totaling $4,126.00) as remuneration for my labor hours regarding the project. The project finished on 03/09/2018. I am still due $2400.00, I invoiced the contractor this amount on 03/16/2018. I am concerned I will not get the final payment because the contractor stopped responding to my texts, emails and phone calls regarding the status of my final payout. During the project our communication was seamless. I would like to have a game plan and get ahead of this by knowing my legal rights and the best course(s) of action moving forward? How long should I wait before taking legal action? (my invoice stated, payment due upon receipt) What legal action should I take? Can I file a lien on the property? Lastly, the home renovation included new electrical boxes, new plumbing, new HVAC and significant changes to the structural integrity of the foundation. Unfortunately, the contractor did not use best practices or due diligence and neglected to file a permit with the Village. Can this information be leveraged to help me get paid? I have photos of everything, saved texts messages and emails between the contractor and myself throughout the project regarding the project tasks and milestones.

 

[army judge]

You appear to have performed your duties for the SCAMTRACTOR as a contractor.

If that's true, your only legal option available to you is to file a small claims case against the SCAMTRACTOR, seeking the amount allegedly owed to you, $2400.

Google "small claims lawsuit, YOUR COUNTY, IL" to educate yourself as to what you're required to do in your county.

If the SCAMTRACTOR has his business or home in another county, you might have to sue him there.

Start, however, by reading up on small claims in your county; to also learn the intricacies of such a filing.

 

[Disabled Vet]

I would be careful talking about not getting the proper permits. You also did work on the location knowing the proper permits were not in place. Small claims is your best route. 30 days would be enough time to wait.

 

[mepifano]

I would be careful talking about not getting the proper permits. You also did work on the location knowing the proper permits were not in place. Small claims is your best route. 30 days would be enough time to wait.

thank you for the feedback..I came into this project midway and had no knowledge the proper permits were not in place until the majority of the work was complete and an inspection did not occur. It's at that moment I realized something was questionable. His company, his responsibility along with the homeowner...

 

[Disabled Vet]

Then i would follow what Army Judge has stated...

 

[mepifano]

Then i would follow what Army Judge has stated...

Thank you both...have a great day.

 

[zddoodah]

I am still due $2400.00, I invoiced the contractor this amount on 03/16/2018.

The inference I draw from this is that you were a subcontractor, not an employee.

I would like to have a game plan and get ahead of this by knowing my legal rights and the best course(s) of action moving forward?

Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask? Note that compiling a list of legal rights would serve no useful purpose.

How long should I wait before taking legal action?

Impossible to assess this from the outside looking in.

What legal action should I take? Can I file a lien on the property?

Whether you're entitled to file a lien depends on exactly what you did and whether you followed any prerequisites imposed by your state's laws for filing a lien. While I don't know the specifics of Illinois law on this issue, you should be aware that deadlines relating to mechanic's liens are typically very short, so don't wait too long and blow whatever lien rights you might have. Beyond that, this is obviously small claims territory.

Lastly, the home renovation included new electrical boxes, new plumbing, new HVAC and significant changes to the structural integrity of the foundation. Unfortunately, the contractor did not use best practices or due diligence and neglected to file a permit with the Village. Can this information be leveraged to help me get paid?

So...you want to blackmail or extort the contractor? Not a good idea.

 

[mepifano]

The inference I draw from this is that you were a subcontractor, not an employee.



Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask? Note that compiling a list of legal rights would serve no useful purpose.



Impossible to assess this from the outside looking in.



Whether you're entitled to file a lien depends on exactly what you did and whether you followed any prerequisites imposed by your state's laws for filing a lien. While I don't know the specifics of Illinois law on this issue, you should be aware that deadlines relating to mechanic's liens are typically very short, so don't wait too long and blow whatever lien rights you might have. Beyond that, this is obviously small claims territory.



So...you want to blackmail or extort the contractor? Not a good idea.

I was not an employee...I do not know if there is a legal definition for a subcontractor but I did work in that capacity and I do carry subcontractor's insurance. Thank you for the info on amechanic's lien. I will research that along with small claims court. No, I do not intend on blackmailing or extorting the contractor. My intention in writing that was to simply provide the forum with as many facts as I could recall in order to be provided the best information. thank you

 

[mightymoose]

I would leave him alone for two weeks and then attempt contact to remind about the bill. After 3 weeks I might resend the bill. After 4 weeks I would consider small claims.
Also, if there is an office somewhere, you might just make a personal appearance to attempt to get a check. You are harder to ignore when you are standing there.