In Indiana – Subcontractor – payment issue

We are a subcontractor. We were hired by a tree service to assist in taking down
some trees. Reviewed a mechanic’s lien, but that places the home owner as
responsible and for all we know they might have paid. What is the practical way
to go about legal action in collecting payment from a contractor?

Asked on March 19, 2018 under Business Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The practical way is to sue the contractor: a lawsuit is how you obtain money which someone owes you but is not paying. You would sue based on breach of contract: on them violating the agreement (whether written or oral/unwritten) to pay you for the work you did. Since you did the work, they are contractually obligated to pay.

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