The law says any general contractor that receives construction funds but in turn does not pay other industry pro's that are owed money because of a contract with them is guilty of theft. My husband worked for Interstate Roofing last year from July through December, receiving small draws against commissions until he started completing and collecting final payments on projects. However, Interstate never began closing out and paying commissions on projects as completed. The owner of the company, Mr. Riopelle, repeatedly refused to meet with me, but finally suggested to my husband by text that he sit down with Francesca Reed (office mgr) to figure out his jobs one by one. This has not been our normal experience with other roofing companies my husband has worked for, but since he wants to get paid and was out of town, I went in on his behalf and met with Francesca on Dec 2nd, who led me to believe that at least 4 of my husband's jobs would (finally) be closed out and we should have a commission check the following Friday. Yet when I went in on Friday (12/6) to pick up that check, I was made to wait and meet with Mr. Wilson whose only concern was accusing my husband of an AG complaint in SD (seemingly as an excuse not to pay the commission check due?). An escalated discussion resulted
with my having to stand my ground and not leave without a check in hand, which I did get ($1,500, not what it was supposed to be per my meeting with Ms. Reed) along with Mr. Wilson's verbal terms that he was severing the relationship and my husband and I both would have to come in the following week to sit down with their attorney at their scheduled time to discuss a complete buy-out or pay-off for my husbands jobs/customers. The following
Monday I called the AG in SD myself and was told by the investigator that my husband's name was not on that 2
month old complaint, only Interstate's. After the meeting with Ms. Reed, my husband and I spent our own time pursuing all invoices needed (that should have been provided internally by Interstate but weren't) so we could cap-out/close out his jobs and calculate our own commissions, yet they charge 10% overhead. And NOW that we did all this ourselves, consulted with two attorneys (one in CO and one in SD) and presented them with an invoice, and all this only after weeks and weeks of asking for resolution, forcing us to live on $10,000 worth of draws since last July when our calculations show the total commissions on all jobs should be close to $27,000 which he should have been receiving weekly as jobs were fully collected on since last September... NOW, they want us to sit around and wait while they finally come up with their own calculations? And it takes them several weeks on 20 jobs? Their
delays and excuses are certainly cause for complaint. Now we are discovering more and more fellow sub-contractors that have not been paid by Interstate either. Consumers beware, a sub's only legal recourse is to file a lien on your home to force Interstate (and unfortunately you also) into court to force them to settle appropriately, in spite of what Interstate's legal counsel will tell you.
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