CONTRACTOR'S REMEDIES FOR NON-PAYMENT

1. Contractor's Right to Payment
2. Contractor's Remedies Prior to Owner's Material Breach
1. Stop Work
1. Prompt Pay Statutes
2. Contractual Rights
2. Pre-Breach Dispute Resolution Procedures
3. Mechanic's Liens
1. Constitutional Lien
2. Statutory Lien
3. Contractor's Remedies After Owner's Material Breach
1. Suspension of Work
2. Waive the Breach and Complete Performance
3. Termination by Contractor
4. Rescission and Quantum Meruit
4. Contractor's Remedies After Contractor's Breach
5. Conclusion

This paper will discuss the rights and remedies available to contractors for non-payment by Owners which arise by law, including rights arising under statutes such as the "Prompt Pay" Acts (public and private ) and Mechanic's Lien Laws, and contract provisions commonly encountered in construction contracts. For purposes of this paper, a "contractor" shall be considered a person or entity contracting directly with the owner for the construction of improvements to the owner's real property.

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