I am a subcontractor that worked on several small projects different addresses for Pro.com. I completed my work on the job in February but haven't got paid for the final payment. Is over 30days and my customer doesn't respond. What should I do?
1 reply
Apr 22, 2020
If you sent preliminary notice, you may record a mechanic's lien provided that you do so within 90 days of project completion (provided that no notice of completion has been recorded). If not, you will need to rely on your contractual rights.
First, if possible, try to get written confirmation that the amounts owed are not in dispute and that there are no issues with your work. This can be via email or text message. But best to have this in writing. If the contractor is ignoring you. Then send an email confirming that the amounts owed (list to amounts) and the quality of your work is not in dispute and that the contractor should respond immediately if he disagrees.
Then send a demand letter to the contractor and the owner threatening legal action if you are not paid the amounts overdue. If the contractor has been paid by the owner and is withholding the money, you may be entitled to prompt payment penalties as well as an award of attorneys' fees. If it is the owner withholding the money, you can threaten an unjust enrichment claim against them and encourage the direct contractor to record a lien as soon as possible.
If you need the assistance of an attorney, feel free to contact me at (805)377-6089 or via email at ryan@huntortmann.com.