How can a subcontractor get paid for work performed at the request of another contractor?

Full question:

I am a sub-contractor working in GEORGIA. I did work for a inc. who had a contract to do work for a company representing hud. I completed the work. I have paper work and photos to prove it was done. I invoiced them for work completed 90 days ago. They will not pay and now will not return my calls. What can I do to be paid for work completed for this inc? They said at one time they had not been paid yet and I would have to wait. But that was at 45 days. I am at 90 now with no response from them. Can you help with info? Thank you.

  • Category: Contractors
  • Subcategory: SubContractors
  • Date:
  • State: Georgia

Answer:

Timing of a claim for payment for construction related work is critical to the enforcement of a lien on the property. In Georgia, a subcontractor who furnished labor and/or materials to a piece of real property may file a lien to secure payment. The lien must be filed within three (3) months of the last time the person or entity claiming the lien worked on the property or within three (3) of the last time materials were delivered to or installed upon the property. OCGA Section 44-14-361.1(a)(2)

There are certain procedures that must be followed precisely in order to preserve a claim for payment. They include a proper preliminary notice, contractor's affidavit and notice of commencement.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

No, independent contractors do not have an employer in the traditional sense. They are self-employed and operate their own businesses. They may work for clients or companies, but they are not considered employees. This means they have more control over their work and are responsible for their own taxes and benefits.