Legal Question in Business Law in Massachusetts

non payment of sevices

I am a small business owner hire to complete siding and windows of a singe family dwelling. I hired another siding window contractor to do the job. The job is now complete, the private home owner is refusing to pay the third and last instalment secondary to not knowing that the job was getting subbed out. What are my legal rights?


Asked on 3/22/08, 3:11 pm

2 Answers from Attorneys

Gabriel Cheong Infinity Law Group

Re: non payment of sevices

Unless there's a specific clause in your agreement with the homeowner that states that there shall be no subcontracting without prior approval, and the job was done as specified, you are definately entitled to payment.

It would be unjust enrichment on the part of the homeowner if they choose not to pay you after the job was completed.

Read more
Answered on 3/22/08, 6:02 pm
Michael Bace Bace Law Group, LLC

Re: non payment of sevices

I agree with Attorney Cheong. As long as your work was completed, and nothing in your agreement with the homeowner precluded you from using a subcontractor, you are likely entitled to the last installment.

Collecting that third installment may not be that simple, and I would need to know why the homeowner is refusing to pay.

Generally speaking, an attorney may be able to handle your case on a contingency fee, which means you would not pay any legal fees unless successful.

Additionally, as a small business owner, you may want to consider an arrangement with an attorney that allows you to call with seemingly trivial questions - so that you can be proactive and avoid issues before they arise.

Feel free to email me if you need more detail.

Read more
Answered on 3/26/08, 8:56 pm


Related Questions & Answers

More Business Law questions and answers in Massachusetts