Contractor is not paying Invoice...advice End-User

[foleyt]

What is the name of your state? Colorado

We did some work for a Contractor (Equipment and Installation) for $40,000.00.
They paid the $10,000.00 down payment, but have now gone silent for the balance...70 Days.

The work was done at the end-user (there Customer) site, they happen to be a US Govt. Agency.

My question:
Can I contact the end-user NOT TO ASK FOR MONEY, but to let them know the equipment we delivered and installed at their facility has not been paid for?

Thanks!

 

[PayrollHRGuy]

With that much money at stake you should probably contact a lawyer.

 

[quincy]

What is the name of your state? Colorado

We did some work for a Contractor (Equipment and Installation) for $40,000.00.
They paid the $10,000.00 down payment, but have now gone silent for the balance...70 Days.

The work was done at the end-user (there Customer) site, they happen to be a US Govt. Agency.

My question:
Can I contact the end-user NOT TO ASK FOR MONEY, but to let them know the equipment we delivered and installed at their facility has not been paid for?

Thanks!

You will want to contact the contractor who owes you the money. If the contractor does not pay for the work, you can sue.

I agree that, for the amount of money involved, having an attorney would be beneficial.

Your attorney can send a demand letter to the contractor with a threat to sue if the balance owing is not paid. A demand letter sent by an attorney can be more effective than a demand letter sent by you because it tells the recipient that you have already considered legal action.

 

[foleyt]

With that much money at stake you should probably contact a lawyer.

Thanks...they're just so darn expensive.

 

[foleyt]

You will want to contact the contractor who owes you the money. If the contractor does not pay for the work, you can sue.

I agree that, for the amount of money involved, having an attorney would be beneficial.

Your attorney can send a demand letter to the contractor with a threat to sue if the balance owing is not paid. A demand letter sent by an attorney can be more effective than a demand letter sent by you because it tells the recipient that you have already considered legal action.

Yeah...I'm sure a demand letter from a lawyer will help, at least in our terms it says they are responsible for collection fees.
Thanks!

 

[Zigner]

Thanks...they're just so darn expensive.

A letter is just a few hundred dollars.

 

[foleyt]

A letter is just a few hundred dollars.

That's true...I'll give them to Monday and then escalate it. Thanks

 

[quincy]

That's true...I'll give them to Monday and then escalate it. Thanks

That sounds like a good plan.

Good luck.

 

[zddoodah]

Can I contact the end-user NOT TO ASK FOR MONEY, but to let them know the equipment we delivered and installed at their facility has not been paid for?

I doubt this question is what you actually intended to ask, but if it is, we obviously don't know what abilities you have, but there is no reason to doubt that you "can contact" the owner of the project.

If you were a subcontractor on a federal construction project, there is almost certainly a Miller Act surety bond against which you can make a claim. Contact someone with the relevant government agency and ask for a copy of the payment bond. Any contractor doing work on federal projects needs to know about and understand the requirements of the Miller Act.

 

[quincy]

I doubt this question is what you actually intended to ask, but if it is, we obviously don't know what abilities you have, but there is no reason to doubt that you "can contact" the owner of the project.

If you were a subcontractor on a federal construction project, there is almost certainly a Miller Act surety bond against which you can make a claim. Contact someone with the relevant government agency and ask for a copy of the payment bond. Any contractor doing work on federal projects needs to know about and understand the requirements of the Miller Act.

Please stop. We ALL know what someone means when asking if they “can” do something.

foleyt needs to wait 90 days before filing a claim, if payment has not been made by that time.

 

[foleyt]

Please stop. We ALL know what someone means when asking if they “can” do something.

foleyt needs to wait 90 days before filing a claim, if payment has not been made by that time.

Thanks Quincy.

 

[eerelations]

Please stop. We ALL know what someone means when asking if they “can” do something.

Yes, I think we're ALL getting pretty tired of zddoodah's "can" explanations. Thanks quincy.

 

[foleyt]

UPDATE
Amazing once I mentioned the Miller Act and the rights it provided me and the Local Congressman's name who is involved with the project...we received the payment.
Thanks to everyone for your help.

 

[quincy]

UPDATE
Amazing once I mentioned the Miller Act and the rights it provided me and the Local Congressman's name who is involved with the project...we received the payment.
Thanks to everyone for your help.

Thank you for the update, foleyt. I’m happy all worked out well for you.

 

[Litigator22]

What is the name of your state? Colorado

We did some work for a Contractor (Equipment and Installation) for $40,000.00.
They paid the $10,000.00 down payment, but have now gone silent for the balance...70 Days.

The work was done at the end-user (there Customer) site, they happen to be a US Govt. Agency.

My question:
Can I contact the end-user NOT TO ASK FOR MONEY, but to let them know the equipment we delivered and installed at their facility has not been paid for?

Thanks!

Are you unaware of your statutory lien rights?! Colorado Revised Statutes, Sections 38-22-101 et seq.