Legal Question in Construction Law in Florida

unpaid funds due contractor

I recently completed a project. My contract was wrapped with another contractor due to a customer lease pay agreement. Funds were released upon job completion to primary contractor. my funds ($12500.00) were included in this payment. Primary contractor feels he is owed approx $3500.00 for cost overruns. He sends me a check saying that he is withholding said $3500.00 from my final payment. His rational is that I have an on-going relationship with customer and therefore he feels that they will pay me the $3500.00 he feels he is owed. Is he criminally libel or what. I need my cash.


Asked on 3/08/07, 10:23 am

1 Answer from Attorneys
Johm Smith tom's

Re: unpaid funds due contractor

You can press criminal charges, but you could also bring a civil action to recover your funds. The criminal route is very serious and you should know that it is a crime to threaten someone with criminal prosecution; so you either do it or keep quiet about it. But you can threaten with civil litigation all you want, if it will assist you in persuading them to pay you.

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Answered on 3/08/07, 10:45 am


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