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How long do contractors have to send out an invoice for work performed?

Anonymous Contractor

I just started working for a tree trimming company. The boss has been doing everything himself, and has invoices from 2-3 years ago that he still has not sent out. I was wondering at that point if the homeowner can just refuse to pay? Is there a law that stipulates how long he has to send out the bill? Thank you

1 reply

Cathleen Curl

Construction Lawyer

Attorney at The Law Office Of Cathleen M. Curl

| 134 reviews

Jun 26, 2020

That’s a good question. It depends on whether there’s a signed contract or not. You need something signed by the homeowner, not just an estimate or proposal from the contractor. The statute of limitations is 2 years from the date of the breach for an oral (not signed by the homeowner) contract, and 4 years from the date of the breach for a written signed contract. This means that if the invoice is being sent out more than 2 years after the work was done on an oral contract, and if the homeowner then refuses to pay, it could be difficult to take the homeowner to court to recover the money. However, most people don’t know this and may not question it. He has nothing to lose by sending them out late, and just hoping that people will pay. It’s probably a good idea to call people up before sending such a late invoice to let them know it’s coming.

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