We supplied material on a commercial project in NYC with the last delivery to a subcontractor on 6/17/2021. We missed the deadline months ago as they were paying little by little. Now, we are receiving nothing.
Ordinarily, reaching upstream to the owner, over the party with whom you were in contract, could be construed as a tortious interference with contract. However, there is an exception to that doctrine called economic justification, which seems to be satisfied here because you are seeking to get paid. However, in the absence of a mechanics lien, the owner has absolutely no obligation to pay you. All of your enforceable remedies lie against the contractor to whom you furnished the materials.