I work as Asian m b e for James angel and he made me sign of 4.1 million from 7.2 million and I did 1.2 mil extra work which he paid only material. Please advise me
2 replies
Dec 23, 2019
When a construction business is asked to accept partial payment for their services or is otherwise going unpaid, that business will have a few potential avenues for forcing payment. While I'm not able to provide you with legal advice about how to proceed, I can provide some information that will be helpful. But, if you do need to seek out legal advice or make legal claims, it'd be wise to reach out to a local construction attorney.
How to recover construction payments
There are a number of different recovery options that might be appropriate. Let's look at a few different options beginning from the friendliest and ending with the most adversarial.
It is worth noting, though, that if you've actually agreed to accepting a lower price or contract amount, it may be hard to collect.
Invoice reminders
Sending a simple invoice reminder can get payment talks moving in a productive direction. An invoice reminder is just as it sounds - it reminds a customer that there's an unpaid invoice and asks them to pay their debt. Of course, if there's a full-blown dispute at hand, this might not be the most effective option on the table.
Demand letters
Demand letters are a little more forceful. A demand letter will generally demand payment, include specific legal threats for if payment isn't made, and set a deadline for payment. As a result, a demand letter lets your customer know you're serious about getting paid and willing to do what it takes to make sure that happens.
Notice of Intent to Lien
Mechanics liens are the most powerful payment recovery tool out there - and that makes the mere threat of a lien claim powerful, too. Sending a document like a Notice of Intent to Lien acts as a warning shot - it lets recipients know that if payment isn't made and made soon, then a lien claim will be filed. And, considering the drastic nature of mechanics liens, other project participants will generally want to do what they can to avoid a mechanics lien claim.
What's more, sending a Notice of Intent to Lien to the property owner can help put additional pressure on the customer. Generally, owners won't take the threat of a lien claim lightly - and if they're making life uncomfortable for your customer, that might be the additional push needed to get paid. More here: What Is a Notice of Intent to Lien and Should You Send One?
Of course, there are always other options for payment recovery that could be on the table. For one, if there's a contract in place and that contract isn't being followed, then a breach of contract claim could be on the table. What's more, Maryland has prompt payment lawswhich force a customer to make timely payments - so recovery under those laws could be possible, too. And, there could be a number of other causes of action available.
So, if the dispute has gotten to the point that it's time for legal claims, consulting a local construction attorney may be a good idea to determine what legal claims may be most successful. They'll be able to review your circumstances and documentation then determine how best to move forward.
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Apr 24, 2020
Your situation sounds like it will closely turn on what the document you signed provided. I recommend you speak with an experienced construction lawyer, whether myself or someone else that has been practicing exclusively construction law for at least ten years. If this is an ongoing problematic situation I am happy to speak with you off of this public platform at your earliest opportunity.