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Public claim of Lien

South DakotaBond ClaimsCollectionsMiller Act

I'm a Subcontractor that worked on a large commercial project. I finished my work on the job on 10/22/2021 last month but I haven't gotten paid- and my customer isn't returning my calls. What should I do?

2 replies

Nov 29, 2021

Sorry to hear you are not getting paid.You did not include any details beyond non-payment. Do you have a contract and what does it say regarding payment and remedies? Did you preserve your lien rights? If payment remedies are not addressed in your contract and you have lien rights, a quick call to the owner to make them aware you are not getting paid, have contacted your customer (who I am assuming is their GC) and they are non-responsive and preparing to lien the property may get a check or at least the conversation moving. 

If no lien rights and no contract with remedy stipulations, move to collection agency or attorney. If your customer is non-responsive, they are actually telling you something - move on without them.  

Nov 29, 2021
First, I would do some research and obtain a copy of the payment bond assuming this is a state or federal project. Second, I would send notice to the prime contractor and surety regarding the amount due and demanding payment. If no satisfactory response is provided, then you should consider legal action, including filing a Complaint against your contractor and the surety. If you need further specific advise or questions answered, please feel free to contact me.

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