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What type of lawyer do I need?

My father is a contractor, and was agreed to do a job on a nearby house to build a ramp. He has a contract with the person who hired him; however he still hasn’t been paid the full amount both parties agreed on ($20,000). What type of lawyer can I search for and is there any advice on how to proceed? I assumed construction lawyer (hence why I’m on your website), but if I’m misunderstanding — kindly advise me on where I should be looking instead. Please let me know, thank you.

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Jun 22, 2020

Hiring a New York construction lawyer could absolutely be a useful move when trying to force payment. And, if you're looking to hire one, this directory might help: Find a New York Construction Lawyer. With that being said, there are a number of ways to force payment - with or without hiring an attorney. I'll briefly discuss a few of those routes below, along with links to articles with more information.

How to recover construction payments without pursuing a lawsuit

Here are some payment recovery tools that can be pursued with or without a lawyer.

Sending invoice reminders

For one, sending something as simple as an invoice reminder could lead to payment. Invoice reminders are formal notifications that payment is due and owing, and that will often be enough to push a customer to do the right thing and make payment. More on that here: How Invoice Reminders Help Contractors Get Paid Faster.

Sending a Notice of Intent to Lien

Alternatively, sending a Notice of Intent to Lien can put a lot of pressure on the customer. By threatening a lien claim, you'll let the customer know that you know your rights and aren't afraid to exercise them. As a result, customers typically can't afford to ignore the issue and will be more willing to discuss payment. For further discussion: What is A Notice of Intent to Lien And Should I Send One?

Filing a mechanics lien

Mechanics lien rights are generally available to those who perform construction work but go unpaid. When a lien is filed, an owner has no choice but to tackle the payment issue. Otherwise, they might face the foreclosure of their property. These articles will shed some light on lien rights: (1) What is a mechanics lien?; (2) New York Mechanics Lien Guide and FAQs; and (3) How to File a New York Mechanics Lien – Step By Step Guide to Get You Paid.

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