Contracting Company will not pay!

[Dockfather]

Florida.

We completed our proposed job and the contracting company refuses to pay the balance due upon completion. This was all agreed upon before commencement of job. Do we go after the contracting company? The homeowner, who initially hired us? Both?

 

[PayrollHRGuy]

Who did you have the contract with?

 

[Dockfather]

Who did you have the contract with?

We were hired by the homeowner. After the homeowner accepted our proposal, they let us know they would forward the proposal onto the contracting company...

 

[PayrollHRGuy]

Was there a contract with either the homeowner or the contractor/

 

[Dockfather]

Was there a contract with either the homeowner or the contractor/

The Contracting company is who accepting our payment terms... and who made progress payments...

 

[Dockfather]

The Contracting company is who accepting our payment terms... and who made progress payments...

And YES, there IS a contract and acceptance via email

 

[PayrollHRGuy]

Then that is who you should certainly sue. It doesn't concern me some that the only acceptance of the contract is by email though.

 

[Dockfather]

Should I sue by small claims? Or is there another way?
I thought about a mechanics lien on the homeowner's property... I know that with small claims, I won't see my money for a while...

 

[PayrollHRGuy]

If the amount is within the Florida small claims limit ($5000) then you can sue them in small claims. It is cheaper and likely you would get into court sooner.

If you are considering a lien you need to read through the law. If you have questions come back here and ask them. Construction Lien Law.

 

[Dockfather]

The problem is actually getting the money after small claims judgement...

 

[Dockfather]

Also, should I file small claims in the county where the job was? The contracting company is out of Jacksonville (Duval County) and the job was in Flagler County.

 

[PayrollHRGuy]

The problem is actually getting the money after small claims judgement...

That is a problem in any court.

 

[PayrollHRGuy]

For the process including where to file read through this link,

FL Small Claims

 

[Just Blue]

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