Legal Question in Construction Law in Pennsylvania
Verbal Agreement broken by contractor to subcontractor
I did a job for a general contractor as a subcontractor (carpentry) ,the general contractor agreed (verbally) to pay a certain amount for the work (per square foot).The general contractor paid bi weekly all of my very detailed invoices ,until the final payment when the job was complete. I went to the owner and pleaded that they insure that I get paid or I would be forced to take legal action.
No one has yet to respond ,it's been two weeks since the meeting between owner and I. And 3 weeks since the job (the entire building 8000 + sq.ft.)has been completed.
Do I have legal grounds to place a lien ? What should I do?
1 Answer from Attorneys
Re: Verbal Agreement broken by contractor to subcontractor
If you are not paid what was agreed, you may be able to place a lien on the building but there are a number of technical issues which may prevent that. Many commercial projects are subject to waivers of mechanic's liens which can be valid against a subcontractor even if the subcontractor has not signed the waiver.
Howver, the Pennsylvania Contractor and Subcontractor Payment Act provides that a subcontractor who is not paid may have a claim for interst, penalties and counsel fees in addition to the amount that is owed.
If you are not paid within thirty days of completion of the project you should seek out an attorney promptly.
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