We are a subcontractor that was contracted to complete painting projects for DRI restoration. We have been extremely patient and tried ot be understainding with the owners illness, moving offices, and busy schedule. We have run out of options and they do not care at this point. I haven't really ever had to deal with someone not paying. So I need some guidence here on what my options are.
If you still have time, you can create significant leverage by recording a mechanic's lien. The basic deadline to record a mechanic's lien is 90 days after completion of the work of improvement or cessation of the project for 60 continuous days. The deadline is shorter if the owner records a notice of completion - 30 days for subs and 60 days for a direct contractor. The lien is premature if you are still providing work when the lien is recorded. You have 90 days after recording the lien to file a lien foreclosure action. Record a lis pendens in connection with your lien foreclosure lawsuit. If you have the ability to serve a bonded stop payment notice, that could give you some additional remedies. You probably have rights under the terms of your subcontract to pursue in the same lawsuit. And if the contractor is lying to you, explore whether you have a valid fraud claim. That would require you to show that you did something in reliance upon the contractor's fraudulent statements or false promises.