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How do I collect payments for work I've done

I worked on a house, I believe I would be considered a laborer? On this project. The owner contracted Brad to work on a house he bought before he rented it out. My friend and Brad had an agreement that my friend would fix the roof for $2500.00 . I was there giving him a ride shortly after he started and was talking with Brad and my friend and stated if he wanted any help I could definitely use the $ and was available to help if he wanted. I ended up helping on this house for 2 months, constantly getting the run around when asking for payment. I recieved $20 one day after 3 weeks or more and then $200 after week 4 or 5. That was it. 2 months work helping lift tiles up to the roof, detailing boards, taping off, cauking, painting the inside along with laying tiles and grout throughout the house. How do I get the rest of the money? It was a min. Of $2000 worth of work I did. I also provided food and drinks multiple times when Brad was saying he was trying to get more $ from the owner or he was just not there. I ended up leaving a wheel Barrow and a dealt heavy duty grinder there and when I asked for them Brad said he had no clue what I was talking about. I also brought my own air hose which got ruined and gloves and brushes and tools which were out of pocket expense that everyone used and were trashed or taken by someone after working this house.

1 reply

Mar 25, 2020

When work is performed without any written agreement, it's much harder to determine what is owed, what the contemplated scope of work was, or even when payments were supposed to be made. As a result, performing work without a written contract invites potential payment disputes. While recovery may be more complicated when there's no agreement to go off of, there are still some recovery options that might help to force payment.

Nevada mechanics lien rights for laborers

Those who strictly perform labor on a construction site are generally entitled to mechanics lien rights. So, as long as the work permanently improved the project property (and, roofing generally will) - leveraging or ultimately utilizing lien rights could be an option for forcing payment. Notably, though - lien rights would only be available for amounts that relate to the improvement of the property. And, the value of lost tools, lunches, etc. likely wouldn't be lienable.

Leveraging mechanics lien rights

Before deciding to pursue a lien claim, it might be helpful to first leverage the right to lien into getting paid. Sending a Notice of Intent to Lien to the owner and the and the party who was hired by the owner can do just that. By sending a Notice of Intent to Lien to the property owner, a claimant can let the owner know that there's a serious payment issue on the project and that a mechanics lien will be filed if the matter isn't resolved. By sending it to the party hired by the owner, that will let them know that nonpayment won't be tolerated - so they'd better take the dispute seriously. Importantly, a Notice of Intent to Lien is actually a required part of the Nevada mechanics lien process on residential construction projects. So, in order to preserve the right to lien, sending the notice is actually mandatory anyway.

Filing a mechanics lien

If things get ugly, filing a mechanics lien can be a powerful tool for forcing payment. Mechanics liens attach to the project property, making the debt a problem both for the party who failed to pay you and for the property owner. So, if other recovery efforts don't work, filing a lien just might. For more on that process, these resources should provide a lot of insight: - How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid - Nevada Mechanics Lien Guide and FAQs - How to File a Nevada Mechanics Lien – A Step by Step Guide to Get You Paid

Other recovery options

There are certainly recovery options outside of the mechanics lien process, too. Levelset discusses some of those here: Can’t File a Lien? Here Are Some Other Options For Recovery. One option that might work to get paid is to send a payment demand letter to the party who failed to pay. Further, legal claims would likely be on the table too, depending on the specifics of your situation. But, it's possible that claims like breach of contract, unjust enrichment, theft of services, etc. might be on the table. What's more, for disputes under $10,000 - small claims court might be an option for streamlining the dispute and avoiding legal fees.

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