I was subcontracted to do kitchen renovation work which I completed on time. When I submitted my invoice for payment I was told that the owner of the house had not paid the main contractor and I have to wait until they receive payment in order to get paid. This was not part of my contract, nor was it discussed. My contract states that payment is due within 30 days of submitting my invoice. I have spoken to the owner and he did confirm that he only has to pay the first instalment in three months time. I cannot wait that long and I asked if he could pay me directly for my portion of the work, but he said that he is not responsible for paying me. Is this correct as he is the one that owns the house in which I did the work? Do I now have to wait three months to get paid, even though I did not know about this when I signed the contract?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Dilani Mudalige, Yokine 6060 WA
- If your contract states that you are to be paid within 30 days of submitting the invoice then you are entitled to be paid irrespective of whether the owner has paid the main contractor.
- The owner’s contract is with the main contractor and not you so there is no obligation on him to pay you even though the work was done on his house.
- Your contract is with the main contractor.
- A lawyer specialising in contract law may be able to assist you with enforcing payment under your contract.