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.