Legal Question in Business Law in Ohio

not being paid for work

I am an Electrical Contractor that completed work for another Contractor on a large church addition. The Contractor is disputing what he owes me because he paid my hours to another worker in error. He wants me to collect it back from this other guy. We all worked with no written contract but it is not disputed if I worked on site nad how long. However, he did agree to pay me a fraction of what I earend because it was still unpaid hours. HOwever, when the check arrived, in the memo area he wrote this check will satisfy all labor provided on site. Can I cash this check then still sue him for what is owed or would my signiture only mean I agree to being paid in full for this job??


Asked on 9/18/08, 6:36 pm

1 Answer from Attorneys
Vaseem Hadi Rendigs, Fry, Kiely & Dennis LLP

Re: not being paid for work

DO NOT sign and cash this check. Such action may result in a complete waiver of your rights. Instead, you might be able to sign your name, then write "under protest," beneath your name to cash it. That may protect your rights later. Also, you could file suit and deposit the check into escrow until the suit is resolved. Then, the deposited funds could go to satisfy a judgment in your favor. I don't see how your wages being paid to a third-party is your problem, or justifies the contractor's refusal to pay you what he owes. My firm handles construction disputes regularly. Please call me to discuss further.

Thanks

Vaseem

www.rendigs.com

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Answered on 9/19/08, 9:23 am


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