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JPEsq
JPEsq, Attorney
Category: Business Law
Satisfied Customers: 5106
Experience:  Experience as both in-house and outside counsel in general business and transactional law
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We received jobs from a landscaping company and invoiced the

Customer Question

We received jobs from a landscaping company and invoiced the landscaping company instead of the general contractors and have not been able to collect all of our money. The landscaping company has been paid, from general contractors, for our work and spent the money and keeps giving us the run around. We are still owed $5800.00. What should we do? We have been dealing with him since March of 09. Last invoice was dated 6/25/09
Submitted: 6 years ago.
Category: Business Law
Expert:  JPEsq replied 6 years ago.

You need to record a mechanic's lien against the property for labor provided, called a materialman's lien.

 

Threatening to do this usually gets the GC to pay. It is embarrassing to them and the owner can sue them, so they usually pay.

 

You have to issue a written notice to the owner, you can see a sample here: http://www.uslegalforms.com/samples/MO/MO-05-09.pdf

 

You can see the MO lien statute here: http://www.moga.mo.gov/statutes/C400-499/4290000010.HTM

 

I would call the GC one more time and tell them you are getting ready to send a notice of lien to the owner. This will usually get you paid.

 

If not, record the lien.

Expert:  JPEsq replied 6 years ago.

You need to record a mechanic's lien against the property for labor provided, called a materialman's lien.

 

Threatening to do this usually gets the GC to pay. It is embarrassing to them and the owner can sue them, so they usually pay.

 

You have to issue a written notice to the owner, you can see a sample here: http://www.uslegalforms.com/samples/MO/MO-05-09.pdf

 

You can see the MO lien statute here: http://www.moga.mo.gov/statutes/C400-499/4290000010.HTM

 

I would call the GC one more time and tell them you are getting ready to send a notice of lien to the owner. This will usually get you paid.

 

If not, record the lien.

JPEsq and 2 other Business Law Specialists are ready to help you
Customer: replied 6 years ago.
What if the place we did business was at an apartment complex - new construction- and is now totally complete?
Expert:  JPEsq replied 6 years ago.
That's ok. It does not matter what phase the construction is in. It would be more common for the construction to be complete.

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