Legal Question in Construction Law in California

Collection Help

I have an Arizona Contractors License and I act as an estimator for a CA. Paving Co. I bill them once a month for what I sold at the rate of 7% as agreed. I pay my own expences fuel, phone, auto, insurance. We had one project that I in advance to the Contract agreed to cut my commission in half to get the project, I had no problem with that.

Unrelated to that project, I was awarded another project with a HOA for nearly $ 500,000.00 and we were $ 2,500.00 higher than the other bidder who is also reputable and capable. Before we started the project but after the contracts were signed the Co. gave me a $ 10,000.00 commission draw with a sign note of advance, the balance to be paid the following billing. The greedy and wealthy capital partner decided that was to much commission to pay for that amount of work and they would decide after the completion of the project how much or any commission I would get. I than pre-limed the project.

After some heated arguements over this approx. $ 23,000.00 commission balance I moved on to a different Co.

Unfortunatly the Co. I went to does a lot of business with Co.#1. After they got my pre-lime they told co. to get rid of me or lose their business. I'm now unemployed.

Riverside Ca. area.


Asked on 10/09/08, 12:16 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Collection Help

Contact me for help collecting the commission. We may be able to take the case and charge you nothing unless/until we collect.

Regards,

Ben

P.S. I worked as a roadbuilder for 14 years.

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Answered on 10/09/08, 12:29 pm
David Gibbs The Gibbs Law Firm, APC

Re: Collection Help

I would also suggest that you re-post this to some attorneys in the employment law area of this site. Although you were not an "employee" of the company, California takes a pretty tough stance on "Independent Contractor" status claims by employers, and you might be able to make a claim not only based upon the unfair way they have treated you, but also make a claim that you were a statutory employee (as you are not licensed in CA). Good luck.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 10/09/08, 2:32 pm


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