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contractor did not pay to subcontractor

1 Answers. Asked on Jan 31st, 2013 on Construction Law - Pennsylvania
More details to this question:
My crew was working at school renovation in PA. And i was not get paid $25.000 (total amount of invoices was 90.000 and i was paid 65.000). Also it was a prevailing wage job and I was paid much lower than minimum rate was ($27 against $36 per hour) My contractor claiming he will not pay me because he was not paid by General Contractor. What is the best way to get my money?
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Answered on Feb 05th, 2013 at 10:05 AM

Since this was a School renovation and therefore prevailing wage applied, the contruction job is very likely bonded and if you are a subcontractor you should be able to file a claim against the bond. It sound like you are a sub-subcontractor (that is you are not working for the contractor, but a subcontractor).  Different rules may apply. Also be aware that some standard contracts include a "pay when paid" clause. This means that even though you did everything you were to do, your contraoctor doesn't have to pay you until it is paid. Case specific information would be needed to be able to determine if that is applicable to your case and is enforceable. There are also statutory specfic provisions regarding Contractor and Subcontractor Payment Obligations.

 

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