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What can I do to get my invoices paid?

I have an estimating and consulting business. I have been working for a GC doing roofing estimates as well as helping with project management and such things as submitals, material cut lists, proposals and schedules. I have been invoicing and have been being paid on a daily rate. At present for the year of 2021 I've been paid for the first two weeks only. I've been promised partial payments but haven't received any. At present I'm owed for three months. What can I do legally to get paid or at the very least work out a schedule in which I will be paid. Right now it's over $20,000.00. At present he has a job he’s finishing in Florida and one in NC. The other projects are in Puerto Rico

2 replies

Apr 15, 2021

(Usual disclaimer: your situation may be unique, and this is general information only based on the facts as presented.) If the NC project is one that you are performing project management on, you can file a lien on the project as a first tier subcontractor, as well as a notice of claim of lien on funds. If they don't pay then, you will need to perfect the lien(s) by filing a lawsuit. (But, for general estimating that doesn't result in work for a particular house, you cannot lien on those properties). Be aware that filing a lien will likely severe any ongoing relationship you have with the contractor. The other option would be to see if the GC will enter into a confession of judgment or similar agreement in which he agrees to pay X amt every month toward the money owed to you. If he then later fails to make payments per the agreement, you'd have an enforceable judgment against him for that amount. You'd need to ask a Florida and/or PR lawyer about the projects there, if you have claims against him there, but this is the procedure for NC.

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Apr 15, 2021

So if I had time estimating for the house that is now an ongoing job as well as time for the PM and other duties specifically for that project then I can lien the project for only the time I have vested in it? For example on my invoices it has the project name and the amount of time spent for that particular project, so if I understand correctly I could lien the project but only for $$/time invoiced to it correct?

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