You have a right to recover payment for the work you performed. However, if the company incurred additional expense as a result of your backing out of the rest of the agreement, the company could sue you as well. The most common grounds for suit would be that you agreed to do this portion of the contract for $5000 (example) and the substitute the company hired charged $10000 you would be liable for the difference.
If this is not the case, there's probably no real threat to you being counter-sued.
If you signed a lien waiver, you can't file a lien. However, you can file suit to recover the money due to you. Also, if your work has gone into a project the company is doing for a customer, etc., you can issue a stop payment notice to the owner, which will hold up any funds due to the company until your claim is resolved.
Kirk, thank you for the quick reply. The person that I referred to them did the programming for the same price I was going to do the programming. Some of the delay could be attributed to me, but most of it was because they actually had mechanical issues with the equipment that were unrelated to my equipment. Some of which I helped them debug. The lien waiver they sent me is not active until I receive final payment.
"Upon receipt by the undersigned of a check from American Environmental Fabrication & Supply, LLC in the sum of $ 15,699.13 payable to Aspect Electric Engineering & Service, LLC. and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of Control Panel and associated electrical contracting completed on thermal oxidizer equipment located at 18991 S. 410 Road, Hulbert, Oklahoma.
This release covers the final payment to the undersigned for all labor, services, equipment, or material
furnished on the job, except for disputed claims for additional work in the amount of $0.00.
Their customer is who I would issue a stop payment to?
Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned."
Yes, the owner of the project or their customer.
My suggestion is to get a contract attorney in your area to write a letter demanding payment, and if none is given, you will issue a stop payment to the owner for the money you're due.
What if they do not have a customer at this time?
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