Problems With Getting Paid? How A Construction Lawyer Can Help
As a construction contractor, you work hard to secure contracts and make enough money to keep your business going. When clients do not pay, your business suffers. If you currently have a client who has refused to pay and honor your contract, you will need to consult a construction lawyer. Here is what the construction attorney can help you accomplish.
Read Over Your Contract for Loopholes
Whether the contract was yours by design, or you signed a contract someone else created, you want to be sure that there are no loopholes in the contract that would allow the client to skip paying you. If there is nothing in the contract that would allow refusal of payment, the lawyer will point that out to you. He/she will also point out any loopholes if they exist. Then you have to move to the next step in the process; figuring out why the client decided not to pay or why the client has not paid.
Getting a Statement From the Client for Failure to Pay
If you have not done so, you should have sent or should now send several invoices for payment of your (and your employees') services. If the notices have gone unanswered and unpaid, or they continue to go unanswered/unpaid, then the lawyer can write a letter to attempt to extract the amount owed from the client. If the client responds by claiming a right granted in the contract by a loophole, then the lawyer will work to disprove this and move forward with a lawsuit for payment. If the client gives no reasonable and acceptable answer, the lawsuit can move forward even sooner.
Filing and Appearing in Court
The next step is to file the documents you and your lawyer have gathered in regards to lack of payment and reasons for lack of payment (if the client provided any). The court date will be scheduled. You have to appear, with any witnesses that were present when the contract was signed and/or when you had conversations with the client regarding payment. Your lawyer will also be present since you cannot argue your case on your own for the amount of money for which you are suing. You have to prove beyond a doubt that you are due every cent you are asking for, so be sure to bring itemized invoices and receipts for every item you purchased to complete the client's project.
For more information, contact a company like Sauro & Bergstrom, PLLC.