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Contractor not paying California

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  • Contractor not paying California

    Hi I was hired as an independent contractor for a company that refinishes table tops for restaurants.I have completed a total of 3 jobs.I have only been paid for 1 job.Theres is still a balance owed to me for the remaining 2 jobs.They have accounts with national restaurants and i have contacted these corporations and they have already paid out for the services i have completed but i have not been paid.One of the jobs is almost 2 months old and the other is 30 days old.They have since stopped taking my calls and will not return them and the same goes for emails,they replied one time but nothing since.They owe me around 5k between the 2 jobs.I am not a California licensed contractor,however is it true that these companies where the work was performed,are they responsible to pay me? I've tried to research it but it can get confusing.What recourse do i have to collect my money?

  • #2
    You will have to sue in small claims court (Ca. small claims court max. amt. $7,500) the co. that hired you as an IC to work for them.
    Last edited by Betty3; 10-29-2007, 09:00 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      Originally posted by Betty3 View Post
      You will have to sue in small claims court (Ca. small claims court max. amt. $7,500) the co. that hired you as an IC to work for them.
      actually i have been doing a little more research and i found something that says if the contractor fails to pay ANY persons doing any type of labor or anything to improve the way the property looks is eligable to place a lien on the property where work was performed.More or less stating the OWNER is ultimately responsible.

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      • #4
        You cannot place a lien on the company until you have a judgement in your favor from a court.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by jsmcinnis View Post
          actually i have been doing a little more research and i found something that says if the contractor fails to pay ANY persons doing any type of labor or anything to improve the way the property looks is eligable to place a lien on the property where work was performed.More or less stating the OWNER is ultimately responsible.
          http://library.findlaw.com/2000/May/1/129375.html
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Thanks but,If you dont KNOW the answer dont reply.

            After an extensive conversation with the cslb it is confirmd that if you are a worker on a job and you dont get paid it doesnt matter who you are you can place a lien on the property.Thanks

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