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Jane Doe Deer
Jane Doe Deer, Attorney
Category: Business Law
Satisfied Customers: 3896
Experience:  Atty since 1986. Real estate, tax, and other business law questions
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if no terms are stated for payment.... ( we forgot ) to ...

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if no terms are stated for payment.... ( we forgot ) to type it in our Proposal. can we still be paid at the end of the job. We invoiced for the balance due.. And homeowner says he can pay 5K now the other 6k as soon as he can. Says bank holds a 15% retainage till closing of new home construction. Homeowner had to take over as Gen.Contractor when the builder was let go. Should we be looking to place a mechanics lien on the property . it has been one week since we finished our proposed work and invoice for the balance due. This is Florida. We would like to know how to proceed in a amicable manner. The work was started , two checks paid as we progressed .now the only issue is the balance that is owe for a completed install.

Thank you for contacting Just Answer.

One thing you can do is sign a promissory note for the balance due, including interest, with a deadline, and then a penalty per day (or week or whatever) if the final payment is late.

The owner needs to understand that you are not a bank and that you need to pay for your labor and materials.

So, to maintain good relations, if you can afford it, I suggest that you take the $5K now and give the owner a few weeks or whatever for the other money. If you write a promissory note, it would be good for it to be secured by some type of collateral, or even a bond.

Otherwise, I agree, a Mechanics Lien is the way to go.

If that answers your question to your satisfaction, please click "accept." Thanks, Jane

Jane Doe Deer and 4 other Business Law Specialists are ready to help you
Customer: replied 8 years ago.
that seems to be the more gentlemanly way to go about it. I would hate to put a damper on things with liens....he had to satisfy a slew of them with the builder in order to be able to take over as G.C.   So as this is a surprisingly new way that I did not even consider, I will thank you for your reply and accept your answer as the final answer.

Hope you enjoyed the challenge as much as I did.

I did! Thank you for the opportunity!


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