My company provided material, asphalt, to the contractor who performed the job. During which one of our truck caused damage to a curb, which we fixed, now the contractor is finding other damages that that occurred after we finished delivery and they are wanting us to pay for them as well. He is not wanting to pay us until those damages are fix. The damage to the curb was in fact our fault but we can not take responsibility for damages that occurred when we were not present on the job. We do not have a contract with the property owner since our company sold directly to the contractor. Do we still need a preliminary notice?
If you have not been paid, you need to issue certified mail notices of non-payment. Your deadline for issuing proper notices begins at the end of the month in which you performed the work for which you have not been paid. So, time is fleeting.
You should consider writing a letter by certified mail to your customer stating the facts, and demanding payment. Attach to your letter photographs of your materials and any other support to show that you honored your obligations. If need be, you can use your letter as evidence should you have to file suit.
Consider retaining a construction attorney to evaluate your claim and to provide advice.
Good luck.
the certified mail levelset sent to lynda miller was sent to the burnet address, she lives in florida & the house is already being put up for sale through realty company. she never received the letter. was she not sent an email or letter to her home in florida?