Category: Getting Paid

3 Ways to Get Paid Even if You Have a Pay-when-Paid Provision

A pay-when-paid (or pay-if-paid) contractual provision exists in almost every construction contract you are asked to sign these days. A pay-when-paid provision is a contract clause that shifts the risk of nonpayment from one party to another. As an example, with such a provision in place in a subcontract agreement, if the owner doesn’t pay the contractor, the contractor doesn’t have to pay the subcontractor. This is a legal defense to payment. It’s valid and enforceable in Florida and it’s important to understand that a pay-when-paid provision can mean you may not be paid. In Florida, pay-when-paid provisions are enforceable ... Read more

How to Collect Your Accounts Receivable – 10 Debt Collection Strategies that Work

1. Get it in Writing. The first thing you need to do is get any agreement calling for payment in writing. It will be much easier to prove your point. Relying on some type of verbal agreement based on a hand shake generally will not work. 2. Secure Your Payment. See if there is a way for you to secure your rights. Whether it’s a construction lien on real property, a UCC on materials, or even a guaranty from an individual, it’s always helpful to have something else to fall back on if you’re not paid. 3. Bill Regularly. The ... Read more

How to File a Florida Construction Lien and Enforce It

If you furnished labor or materials to a private construction project, the owner may be liable to you for the debt. In Florida, those that furnish labor or materials for the demolition, design, construction or improvement of private construction projects are generally entitled to file a construction or mechanic’s lien which will encumber the owner’s property. Of all the ways to secure your right to be paid, a Florida construction lien is one of the best. If a lien remains unpaid, the property may be sold at public auction and, subject to any defenses of the owner and any prior ... Read more