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Can the contractor refuse to pay me the invoiced amount?

I signed a contract 3 years ago as a subcontractor. Now that the job is finally done after several changes, I have submitted the invoice (all changes were time and material) and the contractor is refusing to pay me. Am I still under contract with my original hourly rate even though the contract was signed three years ago and prices have gone up and this was not a bid job this time around? HELP!

1 reply

Apr 10, 2020

No, a contractor cannot simply refuse to pay your invoice after you've done your work. And, if they do refuse, you'll have a number of different options for forcing them to pay you what you're owed.

How to force a contractor to pay you what you're owed

For one, sending a Notice of Intent to Lien could be useful when there's a dispute with your customer. When a Notice of Intent to Lien is sent to both the customer and the property owner, that will let both parties know you're serious about getting paid what you're owed. Plus, it's possible the owner isn't even aware of the payment issue - and they could be useful for apply pressure on the customer to make sure you get paid. Additionally, threatening other legal claims - like a breach of contract claim - could be useful. And, sending a more extensive payment demand letter could push a customer to do the right thing and make payment. Finally, proceeding with a mechanics lien claim is an extremely powerful tool for payment - and liens work in a number of ways to force payment (we counted 17). Nobody wants to file a lien claim, but sometimes that's necessary. For more info on Nebraska lien claims: (1) Nebraska Preliminary Notice Guide and FAQs; and (2) How to File a Mechanics Lien in Nebraska – Step by Step Walkthrough. And, as a final note, recall that pursuing legal claims could be an option, too. If things come to that, consulting a Nebraska construction attorney would be useful.

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