Are contractors protected from retaliation?
Are contractors protected from retaliation?
A. California’s wage and hour laws (e.g., minimum wage, overtime, meal periods and rest breaks, etc.), workplace safety laws, and retaliation laws protect employees, but not independent contractors.
What distinguishes an employee from an independent contractor Why do employers frequently try to pass off employees as independent contractors What are the legal and ethical implications?
A business may pay an independent contractor and an employee for the same or similar work, but there are important legal differences between the two. For the employee, the company withholds income tax, Social Security, and Medicare from wages paid. For the independent contractor, the company does not withhold taxes.
What happens when a contractor files a lien?
Once the lien is filed, both you and the contractor have an even stronger financial incentive to reach agreement before you get to the courthouse. The contractor has already borne some expense in filing the lien, and will incur much more if he or she needs to file a lawsuit to collect the debt.
What happens when you refuse to pay a contractor?
Your home remodeling project started well, but now you and your contractor are no longer on the same page. Perhaps the doors to the new cabinets won’t close and stay closed, or the old paint wasn’t completely scraped off before the new paint went on. You refuse to make the last payment due until the contractor gets it right.
Can a mechanics lien be filed against a commercial property?
You can easily check this for yourself; but if you conclude that you’ll need to go to court, you may wish to have an attorney review your work. In most states, the law applicable to mechanics’ liens on residential property afford more protection against involuntary sale than liens filed against commercial property.
When to file a lawsuit against a contractor?
This includes the work that is to be completed, the amount that is to be paid for the work completed, and a time frame that sets a deadline for the when is to be completed. The most common lawsuits filed against contractors occur when the contractor fails to follow the agreed upon contract.
Once the lien is filed, both you and the contractor have an even stronger financial incentive to reach agreement before you get to the courthouse. The contractor has already borne some expense in filing the lien, and will incur much more if he or she needs to file a lawsuit to collect the debt.
Can you sue a contractor for defective work?
Defective Construction Work Claim: construction defects are those that lessen the value of your home. This includes: Subsurface deficiencies such as a home being built on hills or other unstable conditions. Find My Lawyer Now! Can You Sue a Contractor Without a Contract?
What to do when contractor is still owed money?
This form is signed by the GC and lists any vendors who are still owed money on the project at lower levels. At or just after substantial completion, the owner, architect, and contractor will perform a project walk-through where deficient items are listed.