How can I get paid if the general contractor can't pay me?

Here’s some ways to protect yourself:

• Use a lien waiver. Provide a conditional or partial Mechanic’s Lien Waiver for the amount you receive. This tells the owner you won’t later file a lien for that same work.
• Keep a paper trail. Send an Invoice to the owner for your portion of the work, and make sure it references your subcontract.
• Know your notice rules. In some states, subcontractors must send a “Notice to Owner” or “Notice of Subcontract” early in the project to keep their lien rights.
• Check for a payment bond. If the project is public or a bonded private project, there may be a payment bond you can claim against instead of filing a lien.
• Review your subcontract. The GC’s failure to pay may count as a breach of contract. If you’re still not paid, you may have the right to file a Mechanic’s Lien within your state’s deadline.

With the right paperwork and awareness of your lien or bond rights, direct payment can help you get paid while protecting everyone involved.

What to consider in your specific situation

Your approach may differ depending on:

• State rules on subcontractor payment and lien rights.
• Your subcontract terms and notice requirements.
• Owner willingness to pay you directly.
• Amount at stake and timing.
• Your readiness to file a lien if needed.

For more information about your specific situation, use Rocket Copilot or request a Legal Pro review of your waiver and payment documents.