We are a material supplier, filed Prelien w/in time limit. Public Job. Missedd deadline to file lien, bond claim, stop notice. Job is ongoing. What is my best option to collect delinquent invoice, please?
2 replies
Jun 4, 2020
If the job is ongoing, you have not missed the deadline to give stop payment notice or to make a payment bond claim. You have 90 days from project completion by all trades to send your stop payment notice. After you give stop payment notice, you have 90 days after project completion (by all trades) to file an action to enforce your stop payment notice. As you gave preliminary notice, you have a right to make a payment bond claim as well. Send a demand letter to the surety listed on the payment bond outlining your claim for payment and requesting that the surety pay out on the payment bond. If the surety refuses, you have six months from the deadline to give stop payment notice (generally 270 days from project completion) to file your lawsuit against the surety. But you will want to file the lawsuit, if necessary, sooner to ensure that you can also include a cause of action to enforce your stop payment notice.
If you need legal assistance for this or other matters I am available for a free telephone consultation. To schedule email me at ryan@huntortmann.com.
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Jun 10, 2020
Thank you, Peter. The information you provided was exactly what I needed to know. I appreciate it, thanks, again Pam