What Legal Actions Can a Subcontractor Take if Fired Without Payment in Minnesota?

Question from G, What Legal Actions Can a Subcontractor Take if Fired Without Payment in Minnesota?

Answer from AI:

As a subcontractor in Minnesota, you have several legal options if a contractor fires you without payment. It’s important to remember that this information is general in nature and you should consult with a legal professional for personalized advice.

1. File a Mechanic’s Lien

In Minnesota, subcontractors have the right to file a mechanic’s lien against the property where they performed work but were not paid. A mechanic’s lien is a legal claim against a property that must be paid off when the property is sold.

To file a mechanic’s lien, you must follow specific steps:

• Provide a pre-lien notice to the property owner.
• File a lien statement with the county recorder within 120 days of your last day of work.
• Enforce the lien by filing a lawsuit within one year of your last day of work.

You can find more information about mechanic’s liens in Minnesota on the Minnesota Statutes website.

2. File a Lawsuit

If the contractor refuses to pay you, you can file a lawsuit for breach of contract. In this case, you would need to prove that there was a contract (written or verbal), that you fulfilled your part of the contract by performing the work, and that the contractor breached the contract by not paying you.

3. File a Complaint with the Minnesota Department of Labor and Industry

The Minnesota Department of Labor and Industry (DLI) enforces laws related to wage payment. If you believe you have been unfairly denied payment, you can file a complaint with the DLI. They can investigate your claim and may be able to help you recover your unpaid wages.

You can find more information about filing a complaint with the DLI on their website.

Remember: It’s crucial to keep detailed records of your work, including contracts, change orders, and correspondence with the contractor. These documents can be essential evidence if you need to take legal action.

When to Seek Legal Advice

If you’re unsure about how to proceed, or if the amount of money involved is significant, it may be beneficial to consult with a lawyer. A lawyer can help you understand your rights, guide you through the process, and represent you in court if necessary. Legal advice is particularly important if you’re considering filing a lawsuit or if the contractor disputes your claim.