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How can I get paid from a general contractor that hired me and did not pay

I did work hired to do by a general contractor and he is refusing to pay and holding my tools

2 replies

Aug 23, 2019

When unpaid for work done on a construction project, leveraging mechanics lien rights might be the best option available. Mechanics liens are powerful and they broaden the scope of the dispute, so merely threatening to file a lien might be enough. And, even if a lien wouldn't be available, there are always other recovery options. Notice of Intent to Lien Filing a mechanics lien might be the most powerful option available, but merely threatening to file a lien claim will often get the job done. When a document like a Notice of Intent to Lien is sent to the general contractor and the property owner, it informs everyone on the job that there's a payment problem and, if it isn't resolved, it warns that a lien claim could be coming. Considering the drastic effect mechanics liens can have on property owners, generally, they won't take the threat lightly - and they can help put pressure on the GC to make sure their subs are paid. More on that here: What Is a Notice of Intent to Lien and Should You Send One? Filing a mechanics lien If necessary, filing a mechanics lien can get the job done during a payment dispute. Mechanics liens attach to the property title, and for a number of reasons, compel the owner to resolve the issue before it gets any further. As a result, most mechanics lien claims are resolved before legal action becomes necessary. Mechanics liens do have strict requirements and deadlines that must be followed, though. You can learn more about those at the following resources: (1) Florida Mechanics Lien FAQs; and (2) How to File A Florida Mechanics Lien – Step By Step Guide Other options Of course, there are always other options for recovering payment outside of the mechanics lien process. Levelset discusses some of those options in this article: Other Options for Payment Recovery In addition to those, filing a complaint with the Construction Industry Licensing Board might be helpful too, if the contractor is licensed. And, if the contractor is not licensed, reporting (or threatening to do so) could be even more effective if the job required a license. In Florida, unlicensed contractors face steep penalties. More on licensing considerations here: Florida Contractor’s License: Requirements, Exceptions, and Penalties. Holding tools Finally, if a contractor has taken your tools into their possesion, filing a police report might be a good first step. Though, I'll admit I'm not entirely familiar with how to handle a situation like this in Florida.

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Mar 5, 2020

I wanted to follow-up and confirm you’ve been paid and got your tools back.

If I can further assist your company with any unpaid invoices, please feel free to call or email. My firm can collect for you even when lien rights have expired or were never pursued.

Mike Ross Miller, Ross & Goldman mross@mrgpartners.com (512)275-6412 Direct https://www.mrgpartners.com/levelset

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