Unpaid labor and materials on commercial retail store change orders

[badone65]

I was working through my brothers company as a tile installer. The retail store was Charming Charlie in Great Lakes Crossing Mall and they had taken over 6 or 7 separate spaces to create their store layout, as a result the floor required extensive repairs to enable the ceramic tile to be installed. I voiced my concerns the day I arrived to begin work and explained that additional time would be required to perform this work as well as additional costs. The Superintendent and General basically told me that their was no additional time and the work would have to be done anyway and by the deadline. Taking this into consideration I went forward with the work be assured by both men that I would be compensated for any additional work above the contract with my brother's company. As I stated these were extensive repairs that required many extra hours of labor and material costs. I had to bring in additional tile setters to actually install the tile while I stayed ahead of them doing the floor repairs. As A result I was unable to install a substantial portion of the tile and the additional tile setters ended up with the majority of tile contracted monies. My concern is that I was instructed to continue repairing and laying tile without change orders being in place and approved. Again I was assured that I would get my money. But I have not received but a a minimal amount of this money from my brother and I have been told that change orders are the last to be paid and since they did not have any signed or approved change orders that I might not get paid for this. I have full written and photographic documentation of the work performed and have given my brother and the GC copies. The store will open or has already opened and I need some advice as to what I can do at this point to ensure that I get the money and pay my laborers that helped me to do the extra work?

 

[army judge]

If it isn't reduced to writing, (a contract) what proof do you have that you were directed to do the work?

The issue here isn't whether you did the work, or that the work was superior.

The issue for you to be paid as a "sub" is proof (a signed contract or change order) directing you to do the additional work.

If you were hired to install 1,200 square feet of tile using $1.00 tiles (for example), and the biggest boss on the site says to you one fine day, please do 2,400 square feet and use $5.00 tiles. Time passes and you do the additional work and get the more expensive tiles. Without PROOF (a signed contract to approved change order), you'll have a very hard, if not impossible time getting paid for anything more than what the original contract or work order directed you to do!

I suggest you discuss this with your brother. From the way you tell the stry you were "subbed" to him and not contracted to the customer!