I’m a sub contractor and did a job for general and a home owner . I finished the job and everybody was happy and still are . The general is not paying me for no reason given. I pre lien the job already but need The money sooner
You could send a demand letter pointing out that interest is accruing and attorney fees will also be incurred that the owner and the GC will be liable for if you do not get you paid. It is likely to be more effective if coming from an attorney. Determining the precise content of the letter would require knowing more about the circumstances and facts surrounding your claim.
You should let a commercial collection agency licensed and bonded to collect in UT collect the bill for you on a contingency fee bases; no collection no fee. If you would like a quote just email me at srauch@rauchmilliken.com . Best regards, Steve
Filing a mehcanics lien is a powerful way to make sure you get paid what you're owed. But, there are steps before a lien filing that can help, at times.
Getting paid on a Utah project without filing a mechanics lien
For one, sending a Notice of Intent to Lien will let the GC and owner know you're serious about getting paid. Even if the GC isn't afraid of potential claims, the owner probably will be. So, by sending the Notice of Intent to both the owner and the GC, you can put additional pressure on your GC to pay what's owed. Plus, chances are the owner might not even be aware of the payment dispute. And, they may even be willing to pay you directly to avoid a potential lien claim.
Additionally, or alternatively - sending a customer a payment demand letter could lead to payment. Demand letters include specific legal threats (like a breach of contract claim or a claim under the Utah prompt payment laws), and they'll usually put a deadline on when payment must be made. And, facing potential legal claims, your customer might be willing to pay before legal disputes come into play.
If neither of those options works, it might be time to consider filing a Utah mechanics lien. For help there, these resources will be valuable: (1) Utah Mechanics Lien Guide and FAQs; (2) How to File a Mechanics Lien in Utah – Step by Step Guide Walkthrough. Plus, consulting with a Utah construction attorney can help to sort out what legal claims may make sense, too. And, finally, keep in mind that sending a debt to collections could get you paid, too.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...
If you still have not been paid, I agree with Matthew it's time for a collection agency to assist in getting your money. Feel free to contact me for options at 800-955-3989, Best regards, Steve Rauch