[TaxRelief]

"[Subcontractor] Morris has been pursuing payment [from Basnight] since he completed his work in July 2002. The first writ of execution was issued in October 2003. It was based on a February 2003 judgment in Hyde County Court. Padilla allowed the execution to expire because the lawyers from both sides were trying to work things out, he told CJ last year. They didn’t get worked out.

"In May 2004 the Hyde County Clerk of Court issued another writ of execution to the sheriff of Dare County. That document was an order for the sheriff to collect property from Basnight Construction to pay a $41,777 judgment. Interest of $4,258 and court costs of $210 were added for a total of $46,245."

"...Reached at his Basnight Construction office, Jimmy Basnight said, 'He got a judgment due to my ignorance, I just didn’t pay attention to the paperwork...
'I don’t owe him any money yet. The contract says he will be paid when we are paid,' he said. He said has not been paid by Peters & White, and he disputed $29,000 in the judgment against his company [and says he will appeal]."

Apparently, court judgements do not mean a thing if you are friends with the Sheriff.

NC *Ping*

Let Constitution Day or Taxrelief know if you want on or off the NCPing list, or if you think you've been accidentally dropped, or ....

[azhenfud]

"The contract says he will be paid when we are paid,"

I would question the truthfulness of that statement and would have to see it in writing, signed by the plaintiff to believe it.

I work with subs all the time, and the firm I work for is, many times, a sub. It would not be SOP for any prudent subcontractor to write a contract that large with their payments based on someone else's schedule. Most subcontracts have their own payment schedule, based upon a percentage or stage of work completion, with final payment - the standard 10% retainage, due after all/any punch-list items are completed.