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If I didnt sign a contract should I be paid no longer then 30 days.

NevadaConstruction ContractPay When PaidPayment DisputesPrompt PaymentSlow Payment

I did a job for a SubContractor on NAFB in Las Vegas Nv, I never signed a contract because I took over the job from a previous contractor who couldn't finish the job and was told that if I signed a contract that I would be responsible for all the previous contractors work, so I just got change orders, so the paid when paid should not pertain to me. They are saying that because I signed a contract for another job I had with them that I had to wait for payment because that was a master contract. Is this true ?

4 replies

Apr 20, 2020
A contract signed for one job won't affect your payment rights on a totally separate job. Further, if the customer specifically stopped you from taking on the prior contractor's agreement - then it doesn't make any sense that a prior contractor's pay when paid clause would affect you. Further, keep in mind that Nevada has prompt payment laws dictating when payments must be made. For progress payments, payment should be made within 21 days after being invoiced. For final payment, payment should be released within 30 days of project completion. So, if there's no contract dictating different payment terms, then payments should be made in line with these timeframes. Otherwise, the owner could be subject to interest penalties and attorney fees (if things come to that). Finally, keep in mind that Nevada contractors have a number of tools at hand to help speed up payment.

How to speed up construction payments in Nevada

For one, simply sending formal invoice reminders can nudge a customer to pay what's owed. Sometimes, all that's needed is a little push in the right direction. Or, escalating the matter a bit with a payment demand letter or a Notice of Intent to Lien can show that you're serious about getting paid and willing to do what it takes to make sure that happens. A Notice of Intent to Lien can be particularly useful since mechanics liens are such a powerful payment recovery tool. And, actually pursuing a mechanics lien claim is a strong move toward payment, too. For more background on Nevada lien claims: (1) Nevada Mechanics Lien Guide and FAQs; and (2) How to File a Nevada Mechanics Lien – A Step by Step Guide to Get You Paid.
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Apr 21, 2020
It would have to be against the prime contractors bond, i only do fed gov work.
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Apr 21, 2020
If you only do federal work, then lien rights won't be on the table and a Miller Act claim against the prime contractor's payment bond would absolutely be more appropriate, yes. And, threatening to make such a claim could still be valuable, to some degree. For more information on Miller Act claims: (1) Federal Miller Act Guide, Forms, & FAQs; and (2) The Miller Act Claims: What You Need to Know to Make a Claim.
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Apr 21, 2020
I have already threatened them but the prime just forwards the email to the sub who i did the work for. So far nothing , they just still insist that i have to wait, I recieved an email from them at the end of last yr informing me that i had completed my obligations. They have done so many things to my company such as sending a cure notice for work that was not even mine but they wanted me to do for free. i wish i could aford a lawyer.
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