Go Back   LegalMatch Free Legal Advice Forums > Law Forums > Business Law
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
LinkBack Thread Tools Display Modes
Old 12-28-2008, 12:33 PM   #1 (permalink)
Junior Member
Join Date: Dec 2008
Posts: 4
No Insurance/No Payment

As a sole proprietor concrete contractor, I did quite a bit of work for a company in the Los Angeles area, which they were extremely happy with the work performed. From the beginning of the job it was hard to get paid through a voucher system because they under bid each phase of the project and were always scrambling for money. Ultimately I'd get paid but it took a financial toll on my business. This caused my General Liability policy to lapse for some time and get cancelled. I continued to do more work for them, but agreed to do the rest for material and labor. I now have a new CGL policy, but they are refusing to pay for the last portion of work done because I did not have insurance during part of the year. The contract I signed said I needed to have workers comp and general liability insurance, but did not say anything about non payment for no insurance. Can they keep the balance owing me as retainage and for how long? I think they want to keep it indefinitely. Help!
yrdarlin1 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 03-08-2010, 09:26 AM   #2 (permalink)
Senior Member
Join Date: Aug 2008
Posts: 662
This must be an old post, but there are some interesting aspects to the case. First, if you violate the rules of a contract, there could easily be consequences, but those consequences should be also spelled out in the contract... and if they were NOT in the contract as justification for denying remuneration, then they are in violation of the rules of fairness (basically, you cannot be denied remuneration for your work if they did not spell out the penalty for violating the contract and the details that create the violation)... I would think that you could sue in court for the money you were owed. My assumption here is that you were working on real estate, and that you MIGHT be able to file against that real estate... unless it is federal, state or municipally owned which removes it from any action you might bring. But then if the amount is below the state small claims limit, you could bring action cheaply in small claims court or magistrate court. The only alternative is to spend lots of money getting a civil lawyer to file against them. It is up to you to decide whether it is worth probably $20K in legal fees to get a legal decision on this payment.
boykinmama is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 04-27-2011, 08:37 PM   #3 (permalink)
Senior Member
Join Date: Nov 2006
Posts: 3,901
Originally Posted by Davidson View Post
Hello there , I think and agree with the boykinmama's view about your case that there is a violation from your side too.You have the option to fight in law and it will take spending money.

Huh? She said nothing about there being a "violation from your side, too"........... and what is "spending money"? Can you spend OTHER money besides "spending money" on an attorney? What does "fight in law" mean?

I'm so waiting for the spam.

[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
GentleGrace is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

All times are GMT -7. The time now is 02:40 PM.

Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.