Legal Question in Construction Law in Virginia

nonpayment to subcontractor

What recourses do we have in getting paid for work. We contracted with owner of new home for cabinet work. We completed job, have received partial pymnt. The owner is stalling on final pymnt. The owner keeps saying will pay us upon closing. We cannot figure out why we are not paid first. Do we want to file ''mechanic's lien''?


Asked on 1/12/04, 9:18 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: nonpayment to subcontractor

You can and probably should file a mechanics lien if it is still timely. Otherwise, if the house does not sell for more than the bank loan, you will not be paid at closing. While a mechanics lien may not speed up payment dramatically, it may have that effect, and in any event will result in a lien, assuring payment at closing. You need to file your lien within 90 days of the end of the month in which you last worked on the job or provided your last materials provided to the job, or within 90 days of the completion of construction, whichever is sooner.

We do mechanics lien work throughout Virginia and would be glad to assist.

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Answered on 1/13/04, 9:53 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: nonpayment to subcontractor

Send a written demand letter to this dilatory payor(if you have not alrady done so), giving him

notice that he has seven days to pay up or you will file the mechanic's lien.

Then, if payment is not forthcoming, file(and make sure that you perfect)the mechanic's lien.

Send copy of notice of lien to debtor. Other enforcement measures can then be contemplated, if these actions still do not produce the desired payment.

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Answered on 1/13/04, 9:57 am


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