Kinds of claims and the contract's rules
Contractors and subcontractors bring claims for unpaid balances and retainage, for work beyond the original scope, for delay and disruption, and for site conditions that differed from what the documents showed. Most contracts set out how each must be raised, often requiring written notice within a short window and in a particular form. New York courts tend to enforce those notice provisions strictly, particularly on public projects, so a sound claim can be lost on procedure. Clauses barring damages for delay are common and are enforced in many situations, though courts recognize narrow exceptions. Reading those clauses at the start of a dispute is the first job.
Liens, bonds, and the money trail
On private projects in New York, a mechanic's lien can secure payment against the property, but it must be filed within a set period after the last work and then enforced within its own time limit. Public property generally cannot be liened; instead, contractors on public jobs may rely on payment bonds or file a lien against the public funds for the project. New York's lien law also treats certain construction payments as trust funds held for those who did the work. Keep payment applications, change order requests, daily reports, schedules, photographs, and correspondence about directions given in the field. Cost records that separate the extra work from the base contract make a claim far easier to prove.
Choosing what to file and when
We review the contract, the notices already sent, and the payment history, and then map which deadlines are running for notice, lien filing, bond claims, and suit. Sometimes the right first step is a formal claim under the contract's dispute procedure; at other times it is a lien or bond claim to protect security while talks continue. Whether to keep working while the dispute is open is an important decision, since stopping can itself be a breach under many contracts. We also consider whether the contract requires mediation or arbitration and how that fits with lien enforcement in court. Bring the full contract with all exhibits and the most recent payment application when we meet.
