If you haven’t been paid, is it ok to stop work?
On this episode, we will discuss in detail the answer to one of the most common questions we receive in our construction law firm, if I’m not getting paid, can I stop working, and if I do, how do I get paid? To determine whether or not to stop working if you are not getting paid, you need to consider the following.
- What does your contract say about stopping work?
- What is the status of the work and the payments on the job at the time you want to stop working?
- Does your contract have a pay-when-paid provision?
- Do you have lien or bond rights?
- Are you ready to take the plunge and suffer the possible adverse consequences?
If you don’t have a written agreement, or your agreement doesn’t explicitly prevent you from stopping work, you may be able to stop work. This doesn’t mean you absolutely can stop working if you don’t have this provision. It just means that your analysis can continue to determine whether or not it’s the best thing for you.
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