Remedies Available To The Unpaid Contractor
Remedies Available to The Unpaid Contractor
| Action | Parties to Action | Remedy | Limitation Period |
| Breach of Contract | Whomever you contracted with | Money judgment | Written Contract 4 years |
| Oral Contract 2 years | |||
| Common counts | Whomever you provided the goods and services to | Money Judgment | Generally 4 years, with certain exceptions for 2 years |
| Mechanic Lien | Owner of property and the entity you contracted with | Money judgment that can be collected by foreclosing on the property that had the lien | File lawsuit 90 days after recording the mechanic lien, which is only valid if the prerequisites are satisfied |
| Payment Bond | Principal on payment bond (typically the general contractor) and the surety issuing the bond | Money judgment that can be satisfied by payment from the surety who issued the bond | Six months after the notice of completion or cessation is recorded, if none recorded than 6 months after the 60 day period expires from the date of actual completion |
| Stop Notice (Private Works) | Owner, General contractor and lender holding funds | Money judgment that can be recovered from the funds withheld in accordance with the stop notice | File lawsuit 90 days after serving the stop notice, which is only valid if the prerequisites are satisfied |
This table is a simplified overview of the litigation remedies available to contractors. There are exceptions to the deadlines and application of the remedy. This table is not intended to contain legal advice and should not be relied on in making legal decisions.