What can I do if I own a commercial roofing company and was contracted to complete a roof but have not been paid?

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What can I do if I own a commercial roofing company and was contracted to complete a roof but have not been paid?

The developer agreed to pay 10 days after completion, however it is now 24 days after but they will not take our calls. They owe us $95,000. They have not made 1 payment to us as of yet, so the materials have not been paid for by us to our supplier. The supplier will not release any further materials to us, so we are losing work as a result.

Asked on November 25, 2014 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You an sue the client/customer (the developer) for breach of contract: for violating their obligation to make payments. You would have to be able to show in court that 1) there was an agreement (e.g. that you'd complete a roof in exchange for being paid), 2) the terms of the agreement (e.g. how much you'd be paid, when), 3) that they breached the terms of the agreement (i.e. that they have not made payment when required), and 4) that you honored all your obligations (e.g. you completed the roof on time). A lawsuit is how you compel people to honor their obligations when they do not do so voluntarily. In the suit, you could seek the payments due to you, plus possibly other costs or losses directly caused by failure to pay (such as if you lost other work sue not having the money). Given the amount at stake, you should consult with an attorney about the situation immediately.


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