# Legal Questions: when you don't get paid



## ponderosatree (Jun 20, 2007)

I have a landscaping company that had me rush out one weekend to remove a hanging branch right above their clients roof. He hasn't paid for over 60 days and is ignoring my calls. When I block my number and call he picks up and gives me bull???? excuses for not paying.

I have heard that in cases such as these a contractor is allowed to collect money directly from the property owner. Does anyone know about this or have had to do this?


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## Ekka (Jun 20, 2007)

When you enter am agreement for work it is important you know who is your paying client and establish that first.

The landscaping company could fob you off as they merely referred you to the job.

Think carefully, who did you bid? And then think what were the terms of that bid (payment upon completion etc).

It's obvious the home-owner is ultimately the person responsible but what if, for example, the landscaper company owed a favour or something and said they'd have the branch removed for him to square up the deal?

On the other hand if the landscaping company gives you lots of work you could piss them off and lose that.

I'd be talking to the landscaper mob first and see if they'll help you out by getting onto the customers and paid.


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## Frank Boyer (Jun 20, 2007)

ponderosatree said:


> I have a landscaping company that had me rush out one weekend to remove a hanging branch right above their clients roof. He hasn't paid for over 60 days and is ignoring my calls. When I block my number and call he picks up and gives me bull???? excuses for not paying.
> 
> I have heard that in cases such as these a contractor is allowed to collect money directly from the property owner. Does anyone know about this or have had to do this?



In CA the home owner is ulitmately responsible. Call the home owner and tell them that you have not been paid for the work. If the home owner doesn't respond, go to a stationary store, get a mechanics lien form, fill it out and file it. File a claim in small claims court to get the money. In 20 years of contracting I only had to do it a few times. Each time, I never would have been paid with out doing it. Any one who does not pay is not worth having as a referal source or client. They will be pissed off, but that could have been prevented by them paying on time. Check with the contractor's board and see if the landscaper has a license. He is susposed to pay subs within 10 days of receiving payment from the owner. If the landscaper has been paid then call the Contractor's board and complain.


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## kennertree (Jun 20, 2007)

ponderosatree said:


> I have a landscaping company that had me rush out one weekend to remove a hanging branch right above their clients roof. He hasn't paid for over 60 days and is ignoring my calls. When I block my number and call he picks up and gives me bull???? excuses for not paying.
> 
> I have heard that in cases such as these a contractor is allowed to collect money directly from the property owner. Does anyone know about this or have had to do this?



Did you get anything in writing? Always get a written contract.


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## kevknep (Jun 21, 2007)

kennertree said:


> Did you get anything in writing? Always get a written contract.



I believe this is a must. Our company has a few different versions but they all cover 1.) What work is being done, 2.) The price agreed upon for the work, 3.) that the person signing it has the authority to do so 4.) that the person signing the contract is PERSONALLY responsible for paying the bill and 5.) payment terms, late payment penalty.

I learned from a fellow business owner that 4.) is especially necessary for business transactions. He did some emergency work at the request of a property manager. He had trouble getting paid and then they demanded (after the work was done) to see proof of insurance, which he provided. They then requested proof of workmans comp, which he didn't have since he was a one man show. The property owners denied payment because of that. The bill was low enough he dropped it rather than waste the time in court.

To answer the main question, as another poster stated, I believe you can file a mechanics lean against the property, providing you can prove you were authorized to do the work. I think the first course of action should be to take action against the other contractor.


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## ropensaddle (Jun 21, 2007)

If all the above does not prove to be usefull a stick to the kneecap
well placed will likely produce results. Lol


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## musch (Jun 21, 2007)

Sit down at his kitchen table for breakfast.
Works for me a lot of the time...


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## ponderosatree (Jun 27, 2007)

ponderosatree said:


> I have a landscaping company that had me rush out one weekend to remove a hanging branch right above their clients roof. He hasn't paid for over 60 days and is ignoring my calls. When I block my number and call he picks up and gives me bull???? excuses for not paying.
> 
> I have heard that in cases such as these a contractor is allowed to collect money directly from the property owner. Does anyone know about this or have had to do this?



Finally got him to pay! Woo-hoo!


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## stumpjumper83 (Oct 3, 2007)

Congrats, I had one that I though I might get stiffed on this week, but he paid up. If he didn't I wasn't moving the 6,000 pound log that was across his sidewalk. I think I'm going to start asking for 50% down on all jobs over 1,000.


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## Gatsby174 (Oct 3, 2007)

Stumpjumber, I don't know about PA but in NY you have to have an escrow account and be able to show the customer where their 50% is going to be until the work is completed. It's a much bigger pain than is worth it if you have a well-written signed agreement. Just my .02
JC


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## Canyonbc (Oct 3, 2007)

Nice.


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## Michael Savage (Jul 10, 2009)

Slightly off topic,

Do any of you folks use a consultancy agreement form prior to providing the service to ensure you get paid, even if the advice you provide is not what the client was hoping for ?

If so would anyone care to share some concepts ?

-Mike


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## trimmmed (Jul 10, 2009)

ponderosatree said:


> I have a landscaping company that had me rush out one weekend to remove a hanging branch right above their clients roof. He hasn't paid for over 60 days and is ignoring my calls. When I block my number and call he picks up and gives me bull???? excuses for not paying.
> 
> I have heard that in cases such as these a contractor is allowed to collect money directly from the property owner. Does anyone know about this or have had to do this?



Go to the customers house, knock on the door and politely tell them that you have not been paid for work you have done on their premises and are unfortunately going to have to put a lien on their house. 9 times out of 10, they will sympathize with you and also get pissed that the guy they paid in full is not doing the right thing. They will bring additional pressure on the guy almost every time. 
Then, you better check your time frames because at 60 days you might be running out of time to place the lien depending on your local rules.

If all that doesn't work out, or is just not worth the hassle for what you are owed......use the wee hours of the morning for collections. A good pair of dykes will cut right through valve stems on tires, even if they replace them several times . 4 flats that have to go to the tire machine, will definitely put a crimp on the start of Mr. Dirtbags day. You might not get your money, but you'll be grinning big.......and sometimes that's enough, lol.


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## Toddppm (Jul 10, 2009)

Too late, he already beat the guy down and is still in jail.




















J/k!


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## ponderosatree (Jul 10, 2009)

Toddppm said:


> Too late, he already beat the guy down and is still in jail.



The guy finally paid but it was a huge ordeal. The customer in question was a major league scumbag but we finally got paid.


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