Updated September 7, 2026. An unpaid invoice can involve several different remedies. A demand letter, mechanic's lien, bond claim and contract lawsuit do different jobs, and each can have its own deadline.
Start with a payment file
Collect the signed contract and incorporated documents, change orders, payment applications, invoices, delivery records, daily reports, waivers and proof of prior payments. Identify the entity that owes you money and the property or public contract involved. Keep a dated record of notices and delivery.
Check each remedy separately
- Private mechanic's lien: Review Lien Law § 10. The usual eight-month and single-family four-month periods have exceptions; service and proof-of-service requirements also apply.
- Public-improvement lien: § 12 uses completion and acceptance of the public improvement, rather than only your own last work date. The lien is against applicable contract funds.
- Payment bond: Obtain the actual bond. Identify the surety, covered claimants, notice requirements and time to sue. A mechanic's lien does not substitute for a bond notice.
- Contract and statutory claims: Review dispute notices, required submissions, contractual limitation periods and whether the Prompt Payment Act or Article 3-A applies.
Do not let negotiations consume a deadline
Promises of payment and ongoing settlement discussions do not automatically preserve lien or lawsuit rights. Before signing a release or waiver, confirm which amounts and claims it covers and whether payment has cleared.
Kushnick Pallaci PLLC advises construction businesses on mechanic's liens, payment-bond claims and related payment disputes. Call (631) 752-7100 for a review of your contract and records.
This checklist is general information and does not determine your project's deadlines.
No comments:
Post a Comment