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Customer refused to pay for work done because asphalt that was laid by hand has wavy areas

IllinoisPayment DisputesRecovery Options

We hand laid 2125 sq ft of asphalt for a company and when we finished the job they complained about the asphalt not meeting up with the top of the concrete. They never stated that was how they wanted it and its not written in the contract that way.

1 reply

Oct 29, 2018
I'm sorry to hear about that - it must be frustrating. When there's a dispute over payment, leveraging mechanics lien rights can be effective to get your hands on what's owed. For one, sending a Notice of Intent to Lien can be effective to compel payment. A Notice of Intent to Lien acts as a lien warning - it states that if payment is not made soon, then a mechanics lien will be filed over the debt. What's more, in Illinois, this is also a required step of the mechanics lien process - so those who receive an Illinois Notice of Intent to Lien know that a claimant means business. Often, a Notice of Intent to Lien will be enough to compel payment without any further action. However, if payment is still owed, ultimately filing an Illinois mechanics lien could be one of the more effective ways to compel payment. Finally, it's worth mentioning that there are other options for recovery too- such as using a demand letter, going to small claims court, or potentially filing a lawsuit. You can learn more about the necessary requirements for an Illinois lien here: Illinois Lien and Notice FAQ. Further, this article may also be of use: How To File Your Illinois Mechanics Lien and Get Paid. Regarding options other than a mechanics lien (or the threat of lien): Other Options For Recovery. Lastly, if you'd like to know how other industry members handle situations like yours, the new zlien Community could be a good resource. It's a new forum where members of the construction industry can ask and answer questions based on their experience in the industry.
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