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New York Construction Law Blog

When contractors need to seek repayment of financial obligations

Posted by Karl Silverberg | Dec 18, 2023 | 0 Comments

In the construction industry, managing cash flow effectively is undeniably important, as margins are often thin when a project is underway. Ensuring timely payment for work completed is a crucial part of this process. 

Unfortunately, delayed payments are a common challenge faced by contractors. Navigating these situations with tact and professionalism is key to securing overdue payments without damaging business relationships. 

First steps

In order to avoid escalating a situation unnecessarily, it's important to establish clear communication if you're a contractor and your client has failed to pay their obligations on time. Reach out to the client or the party responsible for the payment. It's important to keep this communication professional and fact-based. Outline the details of the work completed, along with any agreed-upon payment terms. Having detailed documentation, such as signed contracts, work orders and completed work records, can support your case.

If they do not respond promptly, regularly follow up with the client, maintaining a balance between being assertive and professional. Consistent reminders can help in keeping your payment request at the forefront of the client's agenda. 

If clear and respectful communication does not do the trick, you may need to offer a payment plan, secure a mechanic's lien or hire a collection agency. Whichever step you choose should be taken after evaluating the potential impact of that effort on your future relationship with the client and the overall cost-effectiveness of the approach. 

Depending on the ins and outs of any particular repayment concern, seeking legal guidance can help you to safeguard your professional interests while pursuing the repayment that you are properly owed. 

About the Author

Karl Silverberg

Karl Silverberg Contact Me: (631) 778-6077 Email me Practice Areas: Construction Law Biography Prior to law school, Mr. Silverberg worked as a professional engineer, and has eight years of experience working as a structural engineer on public sector transportation projects. Mr. Silver...

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