As a construction contractor, resolving a matter of late payment or lack of payment on a public construction project may fall under the Construction Contract Prompt Payment Act. Any overdue payment begins to start accruing interest following the 15th day that it is late or goes unpaid. There are a few more logistical hurdles when dealing with a public project, however, the general process is the same and begins with filing a complaint.
This complaint should include the following information:
- A contract stipulating you are providing labor and/or materials to improve a real property
- Full description of the labor and/or materials, along with a statement that labor and materials were provided in accordance with terms of the aforementioned contract
- The total price of the contract along with the amount of money received in payment, if any
- The amount of unpaid money still to be accounted for, along with a statement that the money has been due for more than 30 days.
- An improper application for payment, such as a request or invoice, has been given.
- There is a dispute over the amount of money owed, or the work performed on the project.
- A material breach of contract, defined as one that renders the written agreement “irreparably broken.”
