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rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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Nonpayment of $67000 for providing Carpentry Work.

Resolved Question:

We recently completed the construction of an assisted living building in Washington state. Out of a $200,000 origional bid And $9,000 in change orders. We have not been paid the last payment totaling over $67,000. According to the contract we were to recieve the payment 30 days from acceptance of payment request. Or 3 calander days of bank funding. I dont know when the bank funded but its been over 120 das since the payment request was accepted. The contract lists no penalties or aditional costs for late payment on there part as they wrote the contract. What i want to know is there a state law that invokes late payment penalties in the absence of any outlined in the contract ?? If so what are they?? If not or either way, is a lean our only option or is there other means that can be employed in the attempt to getting our payment. And is it legal to advertise in other areas whee they are building to advertise as to there history of lack of payment, can we report to credit agencies? Ect..
Submitted: 9 years ago.
Category: Business Law
Expert:  rvlaw replied 9 years ago.


There is no overriding WA state law I'm afraid. The contract controls....too bad it didn't have a penalty clause. Lien is the obvious way of course, unless you just bring suit. If you start a potentially libelous campaign, I don't think it will help your will probably hurt it actually.

Those are my thoughts....if you want to discuss further, ask away.


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