Home>Levelset Community>Legal Help>Can i invoice a general contractor for punitive damages ?

Can i invoice a general contractor for punitive damages ?

PennsylvaniaMechanics Lien

The general contractor has not paid me in full or not paid me at all for work on foreclosed properties. i am in the process of completing the attempt to file lien documents with you, and I am not sure if I can or how I should invoice the general contractor for also punitive damages. The General Contractor has caused me losses to my business and personal life that I would like to recover if even partly. How do you advise that i do that? Thank you

1 reply

Oct 16, 2018
I'm sorry to hear you've been going unpaid - there's nothing more frustrating than having to fight tooth and nail for what you've already earned. When it comes to mechanics liens, including punitive damages in a mechanics lien could ruin a claim. In New York, a lien claim is limited to amounts unpaid for labor, material, and equipment provided to the project. Other amounts - such as interest or punitive damages - cannot be included in a lien claim, and including those amounts could result in an exaggerated claim. When a mechanics lien claim is exaggerated, the lien claimant can actually open themselves up to liability as well - so it's typically wise to limit amounts of a claim to what's owed for work performed. Of course, most lien claims don't actually make it to court - they're typically negotiated and resolved beforehand. In those negotiations, a claimant could certainly push for the other party to pay amounts in excess of the claim for damages and suffering. But, that may be an uphill battle. If a lawsuit does become necessary, whether to enforce the lien claim or otherwise, a claimant could potentially claim other damages such as punitive amounts or interest penalties. Though, damages for personal suffering can be hard to prove.

Add your answer or comment

Not the answer you were looking for? Check out other Mechanics Lien topics or ask your own question