Recently, I have had a number of conversations with contractors that are worried about getting paid on a project. Invariably, these contractors want to know what they can do to get what they are owed. Rarely is there an easy button to force these funds out of the owner or upstream contractor’s hands. And, a number of factors will figure into the analysis.
A few things I would want to know are:
- What does your contract say?
- Have you kept the lines of communication open?
- What efforts have you made to discuss payment with the general?
- Have there been changes to the work?
- Have you asked for a change order that is not being honored?
- Have you submitted a change order requesting additional payment?
- Is the change order timely per the contract?
- How long has it been since you last did any work on the project?
- Can you still file a lien on the project to preserve your claim?
- Did the general post a bond?
- Can you still file a claim on the bond?
All of these questions will factor into how you can best proceed with your demand for payment. As always, we recommend you contact an experienced construction attorney to discuss options to get paid.