Legal Question in Business Law in New York

sub-contractor needs legal advice

My husband was hired as a subcontractor, by another subcontractor to do a job on a department store. Just for reference--Business owner contractor subcontractor my husband.

We sent out first invoice in September and last at the end of October. We still have not been paid and are owed over $22,000.00. Sub contractor is not taking our calls and lives in a different state then us. It is too late to put a mechanics lean on the property. We have no idea how to go about getting our money. Would they also be responsible for our court costs?

We are a very small business and the loss of this money is taking a toll on us personally as we have not been able to make payments on a personal level, as well as payments such as material for the business.

Any advice you can give us would be appreciated.

Thank you for your time.

Jennifer


Asked on 12/02/08, 10:30 am

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

Re: sub-contractor needs legal advice

Your only alternative seems to be litigation.

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Answered on 12/02/08, 10:35 am
Michael Markowitz Michael A. Markowitz, PC

Re: sub-contractor needs legal advice

A subcontractor of a subcontractor is too remote to file a mechanics� lien.

If the job was conducted in New York, you should be able to commence an action in New York, even if the subcontractor was located in a different state. You may also have a cause of action against the general contractor if the company knew you were performing work on the property.

In terms of court costs, this would be reimbursed upon judgment. However, unless agreed to in writing, attorney fees are not recoverable.

You should start with an attorney's demand letter to all parties (including the owner of the property). Maybe it may shake things up.

Mike.

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Answered on 12/02/08, 10:50 am


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