The property that we remodeled is situated in MO but the contractor lives in Kansas. Where do we file a lawsuit of unpaid labor services?
1 reply
Mar 4, 2020
A claimant can always pursue a suit in the state where the defendant is located - so Kansas should be an option. Further, they can usually pursue a lawsuit where their injury/the root of their cause of action took place - especially when the defendant regularly conducts business in that state. Meaning, filing suit in Missouri may be an option, too. Additionally, since it's a Kansas business crossing the border into Missouri to perform work there, pursuing the claim in federal court might be an option, too, depending on the circumstances.
If you're looking to file a lawsuit, it'd be wise to reach out to an attorney for help. They'll be able to get a better idea about the nature and amount of the dispute and advise you on where suit should be filed. Plus, there may be a number of different courts where suit could be filed, their analysis on which court would be most favorable could be really valuable. They'll also be able to come up with a proper litigation strategy and potentially negotiate a settlement without ever having to file suit in the first place.
For help finding the right attorney, these resources should be a good head start: (1) Construction Attorneys in Kansas; and (2) Construction Attorneys in Missouri.
Payment recovery options other than filing a lawsuit
Keep in mind that there are a number of other tools that might be able to help force payment before deciding to pursue a lawsuit. And, even if those options aren't fruitful, the potential for a lawsuit will still be an available option down the road.
If payment is just coming slowly and there isn't a full-blown payment dispute, simple invoice reminders could help. Or, escalating matters with the threat of a lawsuit - via a formal demand letter - could bring them to the table. And, even threatening or actually pursuing a mechanics lien claim could be an option, depending on the type of project.