Legal Question in Business Law in Maine

small sub-contractor can't collect from big contractor on gov job

I am a small cotractor I recieve about $20,000 a year in work from another contractor, always on a handshake usually on gov. jobs too big for him to handle alone. Since he borrows money from a third party to fund these jobs he is usually broke until the end of the job. I had recently financed a home so I had money in the bank. I told the contractor to keep some money in his pocket he could pay me at the end of the job. He has since decided not to pay me I am out about $6,500 dollars and I can't afford to hire an attourney to sue him for the balance small claims court only allows $4,500 in this state. is there any way to get all the money? please help. Thank you.


Asked on 1/02/04, 3:21 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: small sub-contractor can't collect from big contractor on gov job

Thank you for the question. There are many different considerations for you at this time. For example, what was the "government" job? was it for a school? was it a state job? You may have collection rights under Maine's Mechanic Lien statutes, or you may have rights to proceed against a Bond for the job.

Is the non-payment due to alleged workmanship defects? Is the contractor still owed retainage? Do you want to maintain a business relationship for future work?

Answers to the above questions will have some bearing on the negotiability of the issue. Otherwise you will need to file a lawsuit. Although you can plead in the lawsuit that your attorney's fees be covered by a judgment, there is no guarantee that a Judge would agree, so you may need to consider the fact that once the matter is finalized, you may not be able to collect a net amount of $6,500.

I have a considerable practice in the construction area of law and would be willing to speak with you further if you wish to call my office at 767-4824. Thank you.

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Answered on 1/05/04, 1:33 pm


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