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Construction contractor/ Independent contractor issue

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Junior Member
What is the name of your state (only U.S. law)? California

Ok so I was working for a small general contractor as a outside salesman selling solar, windows, concrete, decks and patios etc

I resigned my position about a month ago but I still have outstanding commissions from jobs that are still being done.
Under the contractors policies. There are some jobs that are considered "par" jobs meaning that the salesman gets paid 10% of the sale price of the job. Others are considered profit jobs like solar etc that the salesman basically makes 20% of profit after expenses and such. With that said profit jobs are in the 20 age par pricing book that was issued upon hire. This contractor uses all sub-contractors for his work. So we go out and sell the job and then the subs come in and bid the job according to our par pricing and such.

So to the numbers. This particular job that I have a dispute with:
It was a decking job that sold for $21,000. This is a par job which is in the par book. My commission should be $2,100
With the par pricing it is set that the contractor or my employer makes double what the sub bids out. What happened was the sub contractor came in and bid the job higher than the half par pricing and also ran into some serious issues on the job having done a weeks worth of work and then had to tear it back up andd redo it wth all new materials. This got the prices far over the par pricing. SO at the end of the day the contractor probably only made 4-5K in profit versus the 10K or so he should have made. With this he felt like he needed to change it to profit job on me versus par pricing which is significantly less. So instead of paying me the $2100 I am rightfully owed upon par pricing policy he gave me only $770. A difference of $1330 which I feel is still owed to me. Any thoughts on if I have a case against him. I have copy of original contract with client as well as par pricing book that shows pricing per square foot, linear ft, etc.


Junior Member
This is not an employment law issue, it's a contract dispute. Sue him in small claims court.
Oh ok. Ya did not know how to go about it. From what you have heard does it sound like I have a solid case to get my money back? Do you think if I let him know I am suing him in small claims that he may just pay it rather than deal with it?


Senior Member
Since I have not read your contract, I have no idea. Only a lawyer in your area who has read the documents can tell you if you have a good case. That will probably cost you some money to find out. However, sending a demand letter telling him he has 30 days to pay or you will take him to court is free and might work. And if it doesn't, you have 30 days to research how to file in small claims court.

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