I work for a sub laying brick on a private home and he has not paid me it's been over a month and a half what's the best way of going about getting my money
1 reply
Dec 23, 2019
When unpaid for construction work in North Carolina, there will typically be a number of potential options for recovering payment. Let's look at a few potential options.
Invoice reminders
For one, something as simple as an invoice reminder can really help to get paid. If there isn't a payment dispute at hand, but you're being slow paid, then an invoice reminder can be that little push in the right direction to get a customer to pay what they owed.
Alternatively, for employees who are going unpaid by their employer, drawing up some similar document that formally requests the payment you're owed could be an option too. That way, at least the conversation could begin regarding payment.
Demand letters
Sending a demand letter can escalate things a bit further. A demand letter will show recipients that you're serious about getting paid and ready to do what's necessary. The letter will generally include some sort of legal threat and include a deadline for making payment.
Notice of Intent to Lien
Mechanics liens are an extremely powerful payment recovery tool, which makes the mere threat of a lien claim powerful, too. A Notice of Intent to Lien is a warning shot - it lets others on the job that nonpayment won't be tolerated. And, because a Notice of Intent to Lien is generally sent to the nonpaying customer as well as other higher-tiered parties, like the property owner and the GC, a Notice of Intent to Lien gets everyone's attention and puts additional pressure on the nonpaying party.
More on that here: What Is a Notice of Intent to Lien and Should You Send One?
When a customer or employer has failed to make required payments, there will generally be other options available for claims, too.
For one, if there's a contract in place that sets the payment terms, and if that contract isn't being followed, there's a chance that a breach of contract claim could be on the table. What's more, North Carolina has prompt payment laws on the books that set strict timeframes during which payment must be made - and, if a customer pays late, they may be subject to interest penalties.
And - if an employer hasn't been paying wages like they're supposed to, filing a wage and hour complaint with the North Carolina Department of Labor (or at least threatening to do so) could help, too.
Before making a payment claim, it'd be wise to try and talk through the dispute
Finally, note that it's usually a good idea to try and talk through a dispute before jumping straight to official payment claims. If possible, discussing payment calmly and rationally with an employer or customer will usually be the best first step. And, slow payment or nonpayment could be happening because they're having trouble getting paid themselves - which, in that situation, it might be possible to work together to force payment.
Regardless of the cause, though, it's usually a good idea to be transparent and open about payment issues and expectations. If that doesn't work, more adversarial options will still be on the table.