He s in Breech...he s screwed if you sue...Or, you can place a lein against the property for the $4000.If/when he sells the house or uses the house as collateral for a loan, you ll be paid.Your Former Employee can also be charged with theft...Grand Theft if my recollection of US Jurisprudence is accurate.
it s definitely breach of contract.if you weren t going to mark it up, let it go. if the job is done and everything else is paid it s not worth fighting over.next time c.y.a. and be specific with the owner and most important with all of your subs.edit- $4000.00, talk to your lawyer.