What to do if a contractor has not paid us for work done?
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What to do if a contractor has not paid us for work done?
A contractor hired us to paint a new property recently. It has been more than 30 days and still no payment – a little over $8000. What can I do? A lien?
Asked on February 26, 2011 under Business Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can, most likely, place a contractors lien on the property that you painted, but that will not get you the money any time soon. Do you have a contract with the contractor as a sub-contractor? You should. What you need to do is to sue the contractor for the money. Here is the thing. The amount that is owed you seems to be a bit higher than most small claims court allowances (but you can look and see) so you would have to sue in I believe Superior Court in New Jersey. That can get costly because of filing fees, etc. It may be more cost effective for you to hire an attorney on a flat rate fee to send a letter on your behalf and advise you on the best steps next taken here. A lien is always an option. Good luck.
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