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Statute of Limitations

I am a GC/Subcontractor who did Restoration work in New York from 2014-2018. We followed AIA guidelines and the project was valued at well over $1M. The building's project manager passed away and they assumed new management in 2018. We were not paid our final installments and retainage, totaling more than $230,000 which has accrued over $68,000 in interest fees. We were not aware of the mechanical liens back then. We have been emailing for payment and they have not paid. What course of actions can I take (before engaging a lawyer) to collect payment? What grounds do we have to stand on?

3 replies

Apr 13, 2021

As you are probably aware, a mechanic's lien should have been filed; however, your lien rights are likely expired at this point. Since your requests for payment have been ignored, more likely than not, you now need to retain an attorney, a construction lawyer would be best. You can retain an attorney in a pre-litigation capacity (not to start a lawsuit, but attempt to collect) and thereafter retain an attorney for litigation purposes if need be. Your causes of action would likely be for breach of contract and quantum meruit, but further review is required. Based on the information above, it is unlikely they are just going to pay you, please reach out if you need assistance. This is very time sensitive, depending on the facts and circumstances, there could be potential statute of limitations issues that could bar claim(s). Best of luck.

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Apr 13, 2021

the statute of limitations on breach of contract in NY is 6 years. Given your facts, i suspect your only option is to retain counsel.

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Apr 14, 2021

While filing suit is an option, we always recommend first try using a licensed and bonded certified Commercial Collection agency member of CCAofA to attempt collection the debt on a contingency fee bases. If successful you haven't spent and good money chasing after this old debt and your problem account is resolved. If collection is not successful you can always file suit after. Feel free to email srauch@rauchmilliken.com for free quote. Best regards getting your money, Steve

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