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how can I get paid?

I did Painting work for a friend owning a construction company. because he was a friend and needed work done immediately I didn't write up a contract. I do have messages and invoices clearly stating what work was done and what was expected. about 75% through the project I asked for a payment so I could keep up with my bills and I was given nothing. a week later I stopped doing work on the project because I simply couldn't afford to. as all the work was not finished I don't expect full payment but I would like to be compensated for the work I've done. since then he has ignored my attempts to reach him or basically deflects and says he will call later. is a lein an option in my case? or is there something else I can do? I don't have money to get a lawyer but I do need the money I'm owed

1 reply

Jan 3, 2020

Pennsylvania doesn't explicitly require that a written contract be present in order for mechanics lien rights to arise. So, the fact that there isn't a formal, written contract won't prohibit a claimant from leveraging mechanics lien rights into payment. Of course, Pennsylvania does have a Notice of Intent to Lien requirement - and, before any mechanics lien can be filed by a subcontractor in PA, the document must be sent the property owner. And, it's generally a good idea to send that threat of lien to the project's general contractor, too. That way, both the owner and GC are fully aware that a lien claim is on the horizon if payment isn't made, as required. Considering the potential fallout from a lien filing, the mere threat of a lien claim is a powerful recovery tool, too. More on that here: What Is a Notice of Intent to Lien and Should You Send One?

Recovering payment before leveraging mechanics lien rights

Before jumping into the lien rights territory, it might be worthwhile to try out some less-adversarial options for getting paid. Still - if push comes to shove, leveraging or even filing a mechanics lien can get the job done. For one, sending simple invoice reminders can be helpful. Invoice reminders are pretty gentle, but they're still an official reminder that payment is outstanding. Sometimes, a reminder is all that's needed to at least get payment talks moving in the right direction. More on that here: How Invoice Reminders Help Contractors Get Paid Faster. Additionally, sending a payment demand letter can escalate things a little bit further, but a little short of a Notice of Intent. A demand letter will generally contain specific legal threats and put a deadline on making payment. More on that here: Demand Letters for Contractors – How To Write One That Gets You Paid.

Additional Pennsylvania payment recovery resources

Here are some additional resources I think might be valuable: - Pennsylvania Preliminary Notice Guide and FAQs - Pennsylvania Mechanics Lien Guide and FAQs - How to File a Pennsylvania Mechanics Lien – Step by Step Guide to Get You Paid

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