Can a jobber withhold IC pay on a job for an earlier job f

[EagleOne]

What is the name of your state (only U.S. law)? North Carolina. We were hired as independent contractors to do some jobs, each job had a separate work order/agreement. The jobs were done on a 45 day pay. now that the jobs are completed, the jobber is withholding the final payment past 45 days for complaints from the customer on the previous jobs that were approved by the project manager and payed after there 45 days. Is this legal for them to do?

 

[PayrollHRGuy]

This is a civil issue between you and the jobber. What does your contract/agreement with the jobber say about withholding payment?

 

[adjusterjack]

Is this legal for them to do?

Well, there is no law that says they can't so it must be legal.

Whether it is a breach of contract depends on the terms and conditions of your contract.

 

[EagleOne]

This was not mentioned in the agreement, It only says that payment will be made on a 45 day pay with project manger approval.

 

[adjusterjack]

This was not mentioned in the agreement, It only says that payment will be made on a 45 day pay with project manger approval.

I guess the project manager didn't approve.

 

[EagleOne]

the project manager approved payment on the earlier jobs and payment was made. How does this allow them to hold pay on a completely separate job. Each job had its on agreement, they were not tied together as a unit.

 

[PayrollHRGuy]

Don't know or even think that it does. But this is a civil issue. So you can sue them.

 

[Zigner]

What is the name of your state (only U.S. law)? North Carolina. We were hired as independent contractors to do some jobs, each job had a separate work order/agreement. The jobs were done on a 45 day pay. now that the jobs are completed, the jobber is withholding the final payment past 45 days for complaints from the customer on the previous jobs that were approved by the project manager and payed after there 45 days. Is this legal for them to do?

You're asking if this is "legal" for them to do, which implies that you think law enforcement would/should get involved in some way. From that point of view, it's not "illegal".

What you REALLY want to ask is if this is violating your contract, and it sounds like it probably is. Your recourse is to go to court. Please be prepared to defend against the inevitable countersuit based on the prior mistakes that the other party is complaining about.