Pay When Paid Questions

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Pay When Paid
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I have a contract with a pay when paid clause in the USVI, but do not want to miss my claim deadline. Would the pay when paid clause invalidate a bond/lien claim? Do I have to wait for my customer to get paid before I can get paid?...Read More
Anonymous Contractor
1 answerAdd commentJun 18, 2019
AlabamaConstruction ContractMechanics LienPay When PaidRight to Lien
ACCRAM INC is a licensed Low Voltage Cabling contractor in Arizona. We have a contract with a GC/Developer with a "paid when paid" clause. We filed pre liens on time. Our final date of doing any work on this project was March 15th 2019. We are still owed 133K. The GC has construction issues unrelated to the work we have completed and therefore is not getting paid by the owner and has not paid us. I plan to file a "notice of intent to lien today. How does the "paid when paid " clause work in Arizona and can I demand payment for our work even though the GC claims they have not been paid yet by the owner....Read More
Anonymous Contractor
1 answerAdd commentJul 1, 2019
ArizonaNotice of Intent to LienPay When PaidSlow Payment
We have a company that has multiple invoices they are not paying, stating they have not received payment themselves for the jobs. The signed contract states terms are they pay us after they receive payment for the job themselves. Two of these jobs are still within the window for filing liens, but I would have to file this month. ...Read More
Anonymous Subcontractor
1 answerAdd commentJul 11, 2019
TennesseeMechanics LienPay When PaidRight to Lien
We are a subcontractor typically hired by GCs in California. In the past, we haven't received our retention until the GC gets paid, which can sometimes be a year or longer after we finished our work. Is there any sort of deadline around when the GC is required to pay us our retention?...Read More
Anonymous Subcontractor
1 answerAdd commentAug 27, 2019
CaliforniaConstruction ContractPay When PaidPayment DisputesPrompt PaymentRetainageSlow Payment
We have a customer that is in the construction business and requires us to comply with the Texas lien/ mechanics lien laws. Is there anything in the laws that state that our customer must be paid by the owner of the job before they pay us? Does our customer have to be paid before they pay us?...Read More
Anonymous Subcontractor
2 answersAdd commentSep 5, 2019
TexasConstruction ContractPay When Paid
Scenario One I am a sub-contractor working for a prime doing Information Technology work. I submit my time sheet every 30 days. However the prime informed us via phone within 3 days to obtain payment but payment took 10 days, is this acceptable? Scenario Two Sub-contractor creates a time sheet every 30 days, then Prime indicated two weeks after time sheet submission. Prime will pay the sub-contractor two weeks of pay (80 hours), and continue to pay sub-contractor every two weeks until contract expires? Seems prime is hold funds back for 30 days (160 hours), is this acceptable?...Read More
Anonymous Contractor
1 answerAdd commentSep 13, 2019
MinnesotaPay When Paid
I have a contract with an Arkansas municipality...City of Texarkana, AR for a road reconstruction project. The value of the contract is approximately $700,000, and we are bonded with payment and performance bonds. The project is funded through a federal grant. Our first payment application was submitted on 08/15/2019 for $151,261.85. The second payment application was submitted on 09/13/2019 for $75,089.86. To date, we have received no payments. City representatives indicate that they are waiting on grant funds, that they have no way to know when those will be received and that they have no way to pay until received. What options do I have to force payment? How do I protect myself against complete non-payment should these funds never become available? Otherwise, is it possible that interest is due for these late payments?...Read More
Anonymous Subcontractor
1 answerAdd commentOct 2, 2019
TexasPay ApplicationsPay When PaidPrompt Payment
We signed a contract and now they do not want to give a deposit for job. They want to pay as work has been done....Read More
Anonymous Contractor
1 answerAdd commentOct 3, 2019
CaliforniaPay When Paid
AL law advice/action: If theirs proof invoices and payments were altered by a property manager so the properties employees could receive budget bonuses. Then when receiving multiple payments instead of what should’ve been 1 payment and the payments were still short. What action could be took? Or can there be action taken. ...Read More
Anonymous Contractor
1 answerAdd commentOct 19, 2019
AlabamaLawsuitLien on FundsPay When PaidPayment Disputes
How can we link the tough payment terms from suppliers such as cash in advance to get paid from the GC / Owner ?...Read More
Anonymous Contractor
1 answerAdd commentOct 25, 2019
New YorkConstruction ContractPay When PaidSlow Payment
Hi, my partner is under significant financial strain as a result of being an associate employed with an international firm based in England (with associates in USA, Asia and Australia) that uses the “no pay until we get paid” provision. It is not unusual to be waiting well for over 3 months for payment on invoices for work that he’s performed on behalf of this company, This is the clause in their payment terms: “Payment of all correctly authorised Associate invoices shall be made within thirty (30) days of the month end in which the correct and valid invoice was received, as long as the client has paid xxxx.. Xxxx will use its best endeavours to collect payment from clients and pay the associate on the due date” (I’ve xxx the company’s name.) I want to know if this is legal? It seems to me that it’s a rather shabby way of treating people for work they’ve done. Your feedback would be appreciated. Thankyou, Amanda ...Read More
Anonymous Contractor
1 answerAdd commentOct 27, 2019
New YorkPay When Paid
Had an oral agreement with my ex girlfriend that pay to renovate her home sell in 2 years use equity for our relocation little did I know I was set up from the beginning. The relationship ended immediately once I cut of the money flow and she proceeded to file all sort of legal claims and accusations that made it impossible for me to attempt recovery. Over the course of a3 year relationship she has incurred an unjust enrichment of over 75k. Where do I begin. Can I file a lein on home. ...Read More
Anonymous Material Supplier
1 answerAdd commentNov 6, 2019
IndianaBankruptcyCollectionsConstruction ContractJoint ChecksLawsuitLien ForeclosureLien PriorityMechanics LienPay When PaidPreliminary NoticeRecovery Options
I am a subcontractor. Am I entitled to be paid if the general contractor has not been paid? Should I still file a claim? ...Read More
Anonymous Contractor
1 answerAdd commentDec 3, 2019
UtahBond ClaimsConstruction ContractPay When Paid
Sent my invoice for retainage last month. They are holding due to a supplier contacting them of a bill. I can't pay the bill unless the release the check....Read More
Anonymous Contractor
1 answerAdd commentJan 17, 2020
ColoradoPay When Paid
We filed a Stop Payment per the previous correspondence (to Ask an Expert for Free) below: "It is a “State Construction” project in Big Bear, CA. Preliminary 20 Day Notice was filed 7/3/2018. Our subcontract with GC is $890K. We’ve only received 2 payments for $274K total to date and project will be completed this week. We have a copy of GC’s Payment Bond (for $8.5M). Can or should we file a Stop Payment Notice and/or only pursue a bond claim? Are we NOT allowed to do a Stop Payment Notice IF we are able to do a bond claim? Is there a reason we would NOT want to do both? Please advise. Thank you!" (end correspondence) No we received a credit card payment, partial payment, and a promise to pay the remainder, , when funds are released, from the contractor. When the payment clears our bank, we will then release the Stop Payment. Partial payment given: A) $26,055.00 for the remainder of the July Payment B) $33,945.00 toward September progress payment C) $ 1,800.00 3% CC fee D) TOTAL PAYMENT = $61,800.00 Contractor (MSCMG) promise: 1. MSCMG will make a Credit Card payment in the amount of $ 60,000 to pay for the following A) $26,055.00 for the remainder of July payment. Please keep in mind that the short pay on July 2019 pay application was for the change orders which was not approved by the District's Bard and MSCMG was not able to bill for the same. B) $33,945.00 toward September progress payment. 2. After the above amount is paid the card is charged, A Thru Z will release their "Stop Notice", so the County can release the previously submitted progress pay request by MSCMG to their accounting for processing. 3. After receipt of the payment from the County, MSCMG will pay the remainder balance of the A thru Z September billing in the amount of $256,808.10 to A thru Z. (end contractor promise) Balance due on bills: $256,808.10 Balance due on Retention: $59,772.98 Your advice is appreciated. Thank you....Read More
Anonymous Subcontractor
1 answerAdd commentFeb 11, 2020
CaliforniaPay When Paid