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Not paid for a job.

My husband did a job for a store a month ago and he still hasn't been paid. There was never a contract made up and nothing was ever put in writing saying that it would take this long to get his money. The owner of the store says that the check from this place he did work at hasn't come in, but we think different. How can we go about this situation and how can he get his money?

1 reply

Dec 18, 2019

There are many protections built into the law of many states to help ensure contractors and other construction participants get paid for the work they have done to improve property, and Tennessee is no exception. One of the most powerful protections available is a mechanics lien. Tennessee doesn't require a written contract in order for a potential lien claimant to be allowed to file a mechanics lien as long as the deadlines and other requirements are met. There are notice requirements in order to be able to claim a Tennessee mechanics lien, even for direct contractors. Direct contractors are required to furnish a “Notice to Owner” prior to commencing work on the project or making of the contract. The notice requirement is set forth by § 66-11-203 and the form for the notice, which must be substantially followed, is included in that section. The notice must be provided prior to the commencement of work on the project. If the notice was given, a lien must be enforced within 1 year of the completion of the project, but in order to not have lien rights cut off by third parties, a lien claim should be filed within 90 days from last furnishing labor or materials. If a mechanics lien is not available, there are other protections available. In Tennessee there are prompt payment rules that set out the appropriate time for payment. For Prime Contractors, progress payment must be made within 30 days after invoice, provided invoice delivered in accordance with the schedule set forth by the contract. If payment is not made timely, a contractor is entitled to receive interest, as well. And, if the nonpayment is determined to be in bad faith, the contractor can also be awarded attorneys' fees incurred in collection.

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