A General Contractor Won't Pay You as Their Sub: Decision Tree
Why this matters
You did the work, you sent the invoice, and the general contractor is not paying. The clock is now your enemy, because the legal remedies that get a sub paid all run on deadlines, and the strongest ones expire whether or not you are still being polite. The move that decides whether you collect is not how hard you push. It is picking the right remedy for the kind of project you are on, and firing it before its deadline. This tree assumes the escalation and the relationship calls are handled elsewhere. It is about the remedy that fits your job.
Start here: preserve your leverage before it expires
Do this today, before another conversation, because these clocks do not wait for the dispute to resolve.
- Find your deadlines now. The window to file a lien or a bond claim is short and usually runs from your last day of work or last material delivery, not from when the invoice went unpaid. Warranty callbacks and punch-list returns generally do not reset it.
- Send any required notice of intent where your state recognizes one, as a formal last warning. It often shakes a payment loose on its own.
- Pull your file together: signed contract, change orders, delivery tickets, dated logs, and every invoice. A documented claim collects; a he-said dispute does not.
If a deadline is close, protect the right first and negotiate second. You can always release a claim once you are paid. You cannot revive one after it expires.
The branch that decides everything: what kind of project is this?
Your remedy is set by who owns the property, because you cannot lien property you have no claim against. Sort the job into one of three buckets before you pick a tool.
| Project type | Your primary remedy |
|---|---|
| Private (owner-owned building or home) | Mechanics lien against the property |
| State or local public (school, city building, road) | Claim against the GC's payment bond, plus a stop notice where available |
| Federal (military base, federal building) | Claim against the payment bond under the federal framework; no liens on public property |
Confirm the bucket first. Chasing the wrong remedy wastes the days you do not have.
If it is a private job
You can put a claim on the property itself, which is your strongest leverage because it clouds the owner's title.
- File the mechanics lien within the deadline if you preserved the right (usually by sending the early preliminary notice). Do not let the clock run while you wait politely.
- The lien pressures the owner, who pressures the GC. An owner who cannot sell or refinance until your lien clears has every reason to get you paid.
- If you missed the preliminary notice and lost lien rights, you can still pursue the debt directly, but the path is harder. See related: The GC Who Won't Pay Decision Tree.
If it is a state or local public job
You generally cannot lien government property. Your protection is the payment bond the GC was usually required to post.
- Make a bond claim against that payment bond (the surety's guarantee that subs and suppliers get paid). The procedure is its own, often with stricter and shorter deadlines and a required notice.
- Use a stop notice where your state allows one, a demand that freezes remaining project funds so they are held to pay you rather than passed up the chain.
- Ask the GC or the public owner for the bond information early. You are entitled to it, and you need it to file.
If it is a federal job
Federal property cannot be liened either, and the remedy is a payment bond under a federal framework built specifically to protect subs and suppliers who lack lien rights on government work.
- File a bond claim under that framework within its deadlines, which run from your last work or delivery and are unforgiving.
- The notice requirements differ by how far down the chain you are; a sub to the prime and a sub-to-a-sub do not have identical steps. Confirm yours.
Layer on prompt-payment leverage
Separate from liens and bonds, many states and the federal government have prompt-payment statutes that require a GC to pay a sub within a set time after the GC is paid, sometimes with interest or penalties for stalling. Whether one applies, and the exact timing, depends on your jurisdiction and the project type. Where it fits, cite it in your demand; it adds pressure and can add to what you recover.
When to bring in help
- If the amount is large and your paper is strong, a construction attorney or a collections claim is justified, and strong documentation makes it far more winnable.
- If the amount is small relative to the fight, a negotiated partial settlement or small-claims may beat a long battle.
- Either way, do not let a lien or bond deadline pass while you decide. File to preserve the right, then negotiate from a secured position.
Ordered recap
- Find your deadlines today and preserve the right before it expires.
- Identify the project type: private, state or local public, or federal.
- Private means a mechanics lien; public means a bond claim, plus a stop notice where available.
- Layer on any prompt-payment statute in your demand.
- Bring in an attorney by amount versus cost, but file to preserve first.
References
- Federal payment-bond framework for public-works subcontractors (the Miller Act) and state equivalents
- State mechanics-lien, stop-notice, and prompt-payment statutes (vary by jurisdiction)
- American Subcontractors Association (ASA): payment and lien-rights guidance
- See related: The GC Who Won't Pay Decision Tree; The Lien Rights That Protect You on a Commercial Job