Baxter,First, file a lien. I know you signed a contract waiving your right to do so but the contract was first broken by the prime by not returning your retainage. No matter how much they scream that you can't do that...you can. It will take a Judge to say you can't and by the time you get that far they will be told to settle by the utility owner. Second, file in the County Court of the County you were working in for your retainage back. Should you be told your retainage was used to pay for damage claims, you have the right to see all files pertaining to the alleged damage and check them out. You also have the right to see all monies paid out, canceled checks, paid labor hours, times and dates. Your request for this information should be included in court filings. If the prime cannot justify the damage claims they lose. It is more likely you will be paid your retainage just to make you go away. You will never work for that prime again but they have already shown that they are not trustworthy.
Re: hal-tec/charter/retainage
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