I am a subcontractor who finished a job last year in August. Customer's balance to be paid is $42.22. We are not receiving any notifications when this can be paid and on the portal "pending status" is for the past few weeks now. Last payment on this job was received on 12/7/21 ($379.96) and all documents were uploaded per the request. What are the next steps so this situation can be resolved?
You state that you were a subcontractor on a project completed on December 07, 2021. You are still owed $42.22.
A subcontractor must give written notice to the Owner, the Owner’s agent, or the Architect, as well as any known lenders, within ninety (90) days of the completion date, setting forth:
(i) the amount due or to become due for unpaid work;
(ii) name of the Owner(s) and the lender, if known;
(iii) name of the General Contractor;
(iv) name of the Subcontractor;
(v) what the contract was for;
(vi) what was done or to be done, or what the claim is for; and
(vii) a description of the premises, such as by legal description.
The notice must be dated and signed, but need not be made under oath. The Owner, agent or Architect, and lenders on whom notice must be served are those as of the date of the giving of notice – even if those parties have changed since the date of the initial contract. The notice must be served personally or by registered or certified mail, return receipt requested, with delivery limited to addressee(s) only. If a husband and wife occupy the premises, the notice must be served on both. Exceptions to the notice rule do exist however, in situations where: (a) the property in question is listed under the Torrens registration system; (b) the Owner, its agent and the Architect reside in a county other than the one in which the premises are located; (c) the Owner, its agent and the Architect cannot be found after a diligent search; or (d) the Subcontractor’s claim is included in the General Contractor’s statement to the Owner.
This is merely the first step in perfecting your Mechanics Lien claim. Once perfected, you have up to 2 years to file a lawsuit to foreclose the lien, or it becomes void at law.
I hope this information was helpful. Best of luck!
Thank you for the answer. I just received an email with the payment info. What a coincidence...