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What Do I do to get paid?

IdahoConstruction AccountingConstruction ContractLien on FundsMechanics LienNotice of CompletionPrompt PaymentRight to LienSlow Payment

I'm a subcontractor, I completed all the flatwork for a new construction home. I have done multiple projects for the General over the last 3 years without any problems. This project they took my invoice and modified it, claiming they don't pay for incidentals, or materials used on their projects other than the labor to complete the project. I use the same template for every invoice and list the same line items on every invoice, which they have paid every time until now. They actually paid a portion of this invoice immediately upon receipt, but They are attempting to reduce the final invoice from over $6K to just over $1K. In correspondence they admitted that the bank and their customer both approved my invoice payment, yet they are refusing to pay. The job is also 3 hours from me, so I have a substantial amount of time, fuel, per diem, travel costs, labor, and out of pocket materials tied up into this project. What do I need to do?

3 replies

Jul 31, 2022
Porter, I am assuming you did not provide a written bid listing everything that was included or that the general did not issue you a written work order. Where was the job located? What are the lien laws in that State? I would file a lien against the project if you're able. What are the laws with regard to small claims court filings? Since the difference between the amount of your invoice and the amount you were paid, you should be able to file a small claims court claim against the general.
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Aug 9, 2022

 Chuck, the job was in Hailey, ID which is close to 3 hours from me. Small claims will only allow amounts up to $5K but my final invoice is $6,800. Last resort I will take them to small claims, but small claims are fairly difficult to enforce. I'll file the lien first and hopefully that will spark them to pay what is owed, because at this time I can't afford to hire an attorney to take them to court if I am forced to file foreclosure.  

Thanks for the help. 

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