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Unpaid work and bonds

When the work is done and the money isn’t

Late payment on a job is common, and most of it starts small: a retainage release that slips, a change order that was only talked about, a draw that stops.

I begin with the contract and the paper trail: what you agreed to be paid, when, and what you’ve been told since. Then we decide whether a letter will do, whether to claim on a bond, or whether the claim needs to be filed in court.

On public jobs there’s often no lien at all, and a payment bond takes its place, with its own notice steps and its own short deadlines.

What helps most

  • The contract and every change order

  • Pay applications and invoices

  • Texts and emails about the money

  • The bond, if the job is public

A two-story house frame sheathed in plywood with a red dumpster and orange safety fencing on a residential street

Where it sticks

Four places the money gets stuck

  • Retainage that never comes back

    Money held until the job closes out, then held longer. I read the release terms and press for it.

  • Extra work with no signed order

    You did it because someone asked. What the contract says about written orders decides how hard that is to collect.

  • Pay-when-paid clauses

    Some subcontracts tie your payment to what the owner pays above you. I read how yours is worded and what it really allows.

  • Payment bond claims

    On public work, a claim against the bond stands in for a lien. The notice steps come first, and they are short.

Getting paid

Before you send another invoice

Is a demand letter worth sending?

Often it is, if it’s accurate and sent from a lawyer who is ready to follow it. A letter that threatens something you can’t do any more can cost you more than it earns.

What if the owner paid the general contractor and I’m still unpaid?

That can be a case for a lien or a bond claim against the property or bond, as well as a claim against the contractor. The order of those steps matters, and their deadlines differ.

Can I sue over a verbal change order?

Sometimes. It’s harder than a signed one, and your contract may say it doesn’t count. Bring your texts and any photos or daily logs from the work.

How long does a collection case take?

It depends on whether it settles early. A short, accurate demand settles many; a suit takes longer. I’ll tell you which one I expect when I see the file.