I am a contractor in iowa working as a sub for a Texas company. We had a contract for $43k at start of project just to get started while waiting on final prints for civil work. We completed contracted work and started excavation per verbal agreement to get change order, first payment date came without change order so I sent invoice for contract price plus $24k for additional work, got paid no questions asked. Got prints and continued excavation, building pads, and rock work per their print. Was told we could get new contract or change order for additional work but never happened. Next payment dat we came and sent invoice for work additional $232k. 30 day no payment so I reached out and got told project manager had resigned and they had no idea what work I had done, the did have a site supervisor on site full time that reported in writing with photos every day worked with exception of a few weekends or late nights. Sent them invoices for trucking involved to move dirt, tickets for rock delivered to site, work that had been completed to there prints. Still refuse to pay, tried offering $100k to settle with me which I refused. I have a debt collector attorney lined up to place a lein, I first reached out to a litigation attorney and he referred me to debt collector because he says there just trying to get out of a debt. The company has told me the only budgeted $100k for civil work on project which isn't even feasible for the amount of work to do per there print. What would the percentage chance of me winning lawsuit before I invest thousands of dollars into a lawsuit.
On what you’ve provided, you cannot assess percentages.
You need to file a Mechanics Lien, even if late, to leverage your position against the owner.