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is there a way that I can be paid?

Anonymous Subcontractor

I have a small business (welding company) and I fabricated and installed for a job project in Virginia. the last day of labor was delivered end of April 2016 I contacted to the company that hired me several times and a person who charge in accounting always said to me that they would send a check in two weeks. after 6 months, I sent them notice mail and invoice by certified mailed. However, it did not work. I went there to meet a boss of the company or the finance manager, but they I could not see them. it has been more that a year since I finished the job. is there any what that I can be paid?

1 reply

Nate Budde

Construction Lawyer

Levelset Admin at Levelset

| 389 reviews

Sep 6, 2017

While it's always more difficult to collect payment when the debt has aged to this extent, there are still potential avenues to recovery. Given the time frames in your question, it doesn't appear that mechanics lien could be used to prompt payment here. Moving forward, it's always a good idea to send any required preliminary notices and protect the right to file a lien if necessary, because liens are a very powerful tool to get construction participants paid. If a lien is not an available option, though, there are always other potential ways to get what you deserve.

If you have a relationship with a collections agency, you could attempt to recover that way, but it may be more effective to just proceed with a lawsuit. A lawsuit can be filed for breach of contract (whether you had a verbal contract or a written contract) and potentially pursuant to other causes of action (like unjust enrichment), as well. It would be a good idea to talk to an attorney in your area in person so you can give all the details and all options can be explored.

Depending on the amount due, you may be able to file suit in small claims court - which decreases the costs, and streamlines the process.

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