I work as a contractor for a design center in Florida. I provide designs, estimates, and management services for home renovations. I get paid $200 base pay plus commission on a weekly basis from the design center. Now that I am on maternity leave I am not getting paid the $200 base I was getting every week and the owner is holding back money from my retainage for no reason. After countless bad checks and not getting paid the commissions owed to me, I am forced to leave this company and pursue another one. I am just nervous that I will not get paid the remaining $6000 he owes me. My question is whether or not he can get away with not paying the $200 base we agreed on even though I am working from home and whether or not I have grounds for taking legal action to get the money owed to me. I work as a contractor and provide services for these tens of thousands dollar projects. A tile installer, for example, can place a lien on a property for not being paid for their services, can't I? The owner of the company has made it completely clear that I am self employed and I can not afford to walk away from such a large amount of money for services I have already provided to his company and his clientele. Please help!
1 Answer from Attorneys
You may have lien rights against owners for whom you did work if they haven't paid. You will need to have recorded claims of lien within 90 days from the last date you furnished services to each property. However, it does not sound like recording claims of lien is going to solve the problem with the $6000 you are owed. If you are owed the money, then you have a right to be paid. If the person or company who owes you the money refuses to pay you, then you may have to institute judicial proceedings in order to recover the money. You mentioned bad checks also. If they tried to pay you with worthless checks, you may have civil claims available for that as well. You should consult an experienced business litigation lawyer and take action.
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