Florida Subcontractor Payment Dispute

Summary

The user, a subcontractor in Florida, is facing a payment dispute with a general contractor. The contractor is withholding payments for work completed by the user. The contractor is also imposing additional responsibilities on the user, such as fulfilling work orders after the termination of their working relationship. The user has communicated with the contractor about the unpaid invoices but has not received payment. The user has signed a Waiver of Lien after each job, which includes a one-year warranty clause. The contractor is using this clause to claim that the user is responsible for any future work orders. The user is considering legal action to recover the unpaid invoices.

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I'm a Florida subcontractor. I gave a one week notice to the general contractor I was working for. He is withholding my last two payments that were due to me over * weeks ago.

Did you have a written contract with the general contractor and does it mention anything about payment terms?

no formal written contract

What was the agreed upon method of payment and frequency? In Florida, verbal contracts can be legally binding but are harder to enforce.

I submit an invoice for services by Thursday and get paid for the invoice the following week on Friday.

What proof do you have of the agreed payment terms and the outstanding invoices?

I have proof of past payments that were direct deposited to my bank account and I have copies of the invoices that I submitted to the GC

What steps have you taken so far to recover your outstanding payments?

In Florida, you may file a mechanic's lien or a small claims lawsuit for unpaid work.

So far, we are just in the talking stage. But the GC also claims that I am responsible for completing any 'work orders' that arise ( with their customer) up to one year after I completed the job. Basically, the GC wants me to agree to jump through hoops to receive my money. I don't feel that I'm responsible for 'work orders' after I have terminated my relationship with the GC.

What does the GC mean by 'work orders'? Are these related to the work you've already completed or new tasks?

In Florida, a subcontractor's obligations typically end upon job completion unless otherwise agreed.

Yes, work orders are related to the work I've already completed. Example: I install a storm door and in 6 months, it needs an adjustment. He wants me to agree to fulfill their customer's request.

Did the GC ever mention this 'work orders' requirement before you terminated your relationship with them?

What is the total amount that the general contractor is withholding from you?

approx. $*.*

What is the location of the court nearest to you? In Florida, you may consider filing a small claims lawsuit for the unpaid amount.

Under Florida law, would I be legally allowed to file a mechanics lien? The owner is Lowes Corporation and the GC I was working with holds the contract with Lowes.

Yes, under Florida law, subcontractors can file a mechanic's lien. However, you must serve a Notice to Owner within 45 days of first furnishing labor or materials.

great. Does the GC have the right to claim that I must fulfill any future 'work orders'.....or would this be considered their responsibility??

Did the GC specify these 'work orders' as part of your initial agreement or is this a new requirement they're imposing?

Work orders were part of my responsibility....but I do not ever agree to fulfilling work orders after I leave the relationship.

What does your verbal agreement with the GC say about your responsibility towards 'work orders' after termination of the relationship?

to my knowledge, there was no verbal agreement towards work orders after I leave.

What steps have you taken so far to address this issue with the general contractor?

phone calls, texts and emails. I am also prepared to contact the District Manager at Lowes to let them be aware of the issue. Lowes has the power over the GC's that they contract with.

What is the name and location of the General Contractor you were working with?

is the information I am providing confidential?

Yes, all the information you provide is confidential and is only used for the purpose of assisting you with your legal issue.

Protec, in Tampa, Florida

What is the nature of the work you were doing for Protec?

installation

What type of installation work were you doing for Protec?

windows and doors

What is the total amount of the invoices that Protec is withholding?

*.* - *.*

are you still there?

Yes, I'm here. Have you considered filing a small claims lawsuit or a mechanic's lien against Protec for the unpaid invoices?

if I dont get a fair resolution, then yes.

What steps have you taken so far to resolve this issue with Protec?

do you know of any advocate groups that could help me for free?

Yes, there are several organizations that provide free legal help. In Florida, you might want to contact Florida Legal Services or Legal Aid Society in your county.

are you a live person or a bot?

I'm an AI developed to provide legal information. How can I assist you further with your issue?

thank you have a nice day.

You're welcome, ****. If you have any more questions in the future, don't hesitate to ask. Have a great day!

I signed a Waiver of Lien with the GC for all of the jobs I completed.

What is the specific issue you're facing after signing the Waiver of Lien?

am I contractually bound with the waiver of Lien after I ended the my working relationship with the GC?

Did you sign the waiver of lien after ending your working relationship with the General Contractor (GC) or before?

yes. The waiver of Lien gets signed by me after every job that I complete for him.

What is the exact wording of the waiver of lien you signed? This will help determine its scope and limitations.

Did you receive any legal advice before signing the Waiver of Lien? It's important to understand the implications of such documents before signing.

Did you have any unpaid invoices or claims at the time you signed the waiver of lien?

no, but I do now. They owe me money for services performed on the last two invoices I sent them.

Did you communicate with the General Contractor about the unpaid invoices? It's important to have a record of such communication.

yes

What was the General Contractor's response to your communication about the unpaid invoices?

that I am bound by the terms of the Waiver of Lien

What is the location of your work and the General Contractor's business? This will help me provide you with the relevant rules and regulations.

I'm in St. Petersburg, Pinellas County, Florida. The GC is in Tampa, Florida

What is the total amount due on the unpaid invoices?

approx. $*.* to $*.*

Did you provide a written notice to the General Contractor about the unpaid invoices?

only in text messages on my phone to their phone.

Did you keep a record of these text messages? They can serve as evidence in your claim.

yes

What is the date of the last invoice you sent to the General Contractor?

June *, * thru June *, * and July *, * thru July *, *.

Did you sign a separate Waiver of Lien for the jobs performed during June *-*, * and July *-*, *?

yes

Did you receive any payment for the jobs performed during June *-*, * and July *-*, * after signing the Waiver of Lien?

What was the date when you signed the Waiver of Lien for the jobs performed during June *-*, * and July *-*, *?

June *, *, June *, *, June *, *, June *, *, June *, * and July *, *, July *, *, July *, *.

Did you sign the Waiver of Lien before or after you completed the jobs on those dates?

after the jobs were completed.

Did you sign the Waiver of Lien before or after you realized the invoices were unpaid?

before. It's required that I sign the Waiver of Lien when the job is completed and the customer signs a Certificate of Completion at the same time. Both agreements are on the same document and submitted to the GC on the same day via email.

Did you ever receive any written confirmation from the GC acknowledging receipt of your Waiver of Lien and Certificate of Completion?

What actions have you taken since realizing the invoices were unpaid?

text messages to the GC and their office manager.

What was the response from the GC and their office manager to your text messages about the unpaid invoices?

that I am legally bound by the terms in the Waiver of Lien that I sign

Did you ever receive a written response from the GC or their office manager acknowledging your claim for the unpaid invoices?

yes.

What was the content of the written response you received from the GC or their office manager acknowledging your claim for the unpaid invoices?

they said that I am responsible (at my expense) for any future 'work orders' generated by the customer to Lowe's for every job that I completed for up to one year per the terms of LOwe's warranty. And if I refuse to perform any future 'work orders' the costs will be deducted from the money that they owe me. Hence, they are holding my payment.

What is the exact wording of the warranty clause in the Waiver of Lien you signed?

WAiver of Lien and One year Warranty (to be signed by contractor). I, the undersigned Installer/Independant Contractor, having been employed by the Customer who signed the Certificate of Completion below, do hereby certify that the work for this project will be or has been completed in a workman like manner and to the customer's satisfaction..........Further, I the undersigned, agree to cause the prompt release of any mechanic's lien which may be filed against the customer's premises by any subcontractor, laborer, mechanic claiming the right to file such a lien through work related to Customer's Contract with Lowe's.......etc. If any defectsin the material or workmanship shall be discovered in the work furnished or material used during the course of the work or within one year from the date of the Certificate of Completion, the undersigned agrees to replace or correct such defective work or material, from from all expense to Lowe's and the Customer.

Did you agree to the terms of the warranty clause that states you are responsible for any future 'work orders' generated by the customer to Lowe's for up to one year?

I wasn't aware that the terms of the warranty clause pertained to me (subcontractor) and that the terms of the warranty were for one year

Did you have a chance to review the warranty clause before signing the Waiver of Lien?

yes. the warranty clause states "the undersigned agrees to replace or correct such defective work or material, free from all expense to Lowe's and the Customer. I agree that Lowes and the customer should not bear any expense. However, the Warranty clause DOES NOT give exemption to the general contractor to incur expense after my relationship with the GC is severed.

Did you have a written agreement with the General Contractor about the terms of your working relationship and its termination?

Did you discuss the termination of your working relationship with the General Contractor verbally or in writing?

writing via text message

What was the content of the text message regarding the termination of your working relationship with the General Contractor?

on June *, * I texted that I was quitting and please do not schedule any more jobs for me after July *, *.

What was the General Contractor's response to your text message about quitting and not scheduling any more jobs for you after July *, *?

ok, but we don't have anyone else to fulfill the installations and work orders.

Did the General Contractor provide any written agreement or terms that you would be responsible for work orders after termination of your working relationship?

not at that time

Did the General Contractor provide any written agreement or terms that you would be responsible for work orders after termination of your working relationship at any point later?

yes. I received text messages from the GC and the office manager telling me to refer to the Waiver of Lien and One Year Warranty that I sign after each job....that the warranty is my responsibility and my expense.

Did you agree to these terms in writing or verbally after receiving the text messages from the GC and the office manager?

Did you seek legal advice after receiving the text messages from the GC and the office manager about your responsibility for the warranty?

Did you ever sign a contract or agreement with the General Contractor outlining the terms of your working relationship, including payment terms and responsibilities after termination?

no, never

Did you ever discuss or agree upon payment terms verbally with the General Contractor at the start of your working relationship?

yes. The terms were that I would be paid every week after they received and approved my invoices and I was given a price list for each of the different types i services that I would perform on their behalf.

Did the General Contractor ever breach these verbal payment terms during your working relationship?

I would have to give that some thought

Did the General Contractor consistently pay you weekly as per the verbal agreement during your working relationship?

yes

What was the last date you received payment from the General Contractor for your services?

July *, *

Did the General Contractor provide any reason for withholding your payment for the jobs completed on June *-*, * and July *-*, *?

Did the General Contractor provide any written communication or notice about withholding your payment for the jobs completed on June *-*, * and July *-*, *?

What was the General Contractor's response when you asked for the payment of the jobs completed on June *-*, * and July *-*, *?

His only response was that he wanted me to complete the work orders related to the jobs that I had completed.

Did you agree to complete the work orders related to the jobs you had completed?

I agreed to complete * work orders at my expense....which I have completed after I quit working for them.

Did you receive any form of written confirmation or acknowledgement from the General Contractor after completing these two work orders?

Did you receive any payment after completing these two work orders?

Did the General Contractor provide any reason for not paying you after you completed the two work orders?

What is the current status of your communication with the General Contractor regarding the unpaid invoices?

i sent an email stating that I did not receive payment for the June *-*, * invoice and it was ignored

What was the content of the email you sent to the General Contractor regarding the unpaid invoice for June *-*, *?

Did you receive any response from the General Contractor after sending the email regarding the unpaid invoice for June *-*, *?

Florida Subcontractor Payment Dispute

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