Contractual basis
Review the signed agreement, the payment trigger and any defenses raised by the other party.
Contract reviewConstruction Law Insights / Construction payment claims
Can a Contractor Sue for Nonpayment?
When unpaid construction work may lead to a contract claim or formal proceedings.
The Short Answer
What you should know first.
A contractor may be able to pursue a nonpayment claim when an enforceable obligation exists and payment is due, but whether a lawsuit is appropriate depends on contract language, evidence, dispute procedures and applicable law.
Key Considerations
Important factors to evaluate.
The relevant contract terms, records and law help determine how these questions apply to a particular construction project.
Proof of performance
Invoices alone may not resolve a dispute. Records of completed work, approvals and change orders can be important.
Payment claim servicesNotice and alternative procedures
A contract may require notice, mediation or arbitration before or instead of a court action.
Arbitration and mediationLiens versus lawsuits
A lien claim and a contract claim can involve different parties, deadlines, remedies and procedures.
Lien guidanceA Practical Starting Point
Organize the facts before deciding on next steps.
Construction disputes can involve short notice periods and overlapping obligations. A clear set of records helps make any review more productive.
Identify the parties responsible for payment.
Review payment terms and any mandatory dispute process.
Organize invoices, correspondence and proof of work.
Discuss limitation periods and potential claims before proceeding.
Frequently Asked Questions
Common follow-up questions.
Can a contractor sue without a written agreement?
Possibly, but available claims and evidentiary requirements vary. Legal review is particularly important.
Is arbitration the same as suing?
No. Arbitration is a distinct adjudicative process, and the contract may require it.
Do attorneys' fees come automatically with a payment claim?
Not generally. Recovery can depend on contract terms, statutes and procedural rules.
Need guidance on a construction matter?
Each project and agreement is different. Contact AW Construction Law to discuss the circumstances, relevant documents and possible next steps.