US Legal Forms
Legal Resources
Questions & Answers
Contractors
What should I do if I wasn't paid for work before a home sale?

What should I do if I wasn't paid for work before a home sale?

Q: How long does a contractor have to pay me?

In Maine, there is generally no specific time frame for a contractor to pay a subcontractor unless specified in a contract. However, if payment is not made, the subcontractor may pursue a breach of contract claim. It's advisable to review any agreements and communicate with the contractor to resolve payment issues promptly.

Q: How long should a contractor wait to get paid?

While there is no set time frame for payment, contractors should typically expect to be paid within 30 days of invoicing unless otherwise agreed upon. If payment is delayed, contractors should follow up with the client and consider formal steps if payment is not received within a reasonable period.

Q: Can a contractor walk away from a contract?

Yes, a contractor can walk away from a contract, but they may face legal consequences for breach of contract if they do so without valid reasons. Valid reasons may include non-payment or failure of the homeowner to meet contractual obligations. It's best to consult with a legal professional before making such a decision.

Full question:

I am a contractor and did work on a property in Maine prior to the sale of the home for which I have not been paid. Closing took place on 12/20/2010. It is my understanding that this was not disclosed at closing, otherwise payment for my services would have been issued at that time either by the seller or the title company. My question is what should I do next and is there a time limit for me to take action?

Category: Contractors
Subcategory: Construction Liens
Date: 04/07/2025
State: Maine

Answer:

If you haven't been paid for your work, you may file a breach of contract claim. In Maine, the statute of limitations for contract claims is six years. A breach of contract occurs when one party fails to fulfill their obligations under the contract, resulting in economic harm to the other party.

When pursuing a breach of contract claim, the goal is to restore the injured party to the position they would have been in had the breach not occurred. Remedies for breach of contract typically include:

Money damages: Compensation for financial losses caused by the breach.
Restitution: Returning any money or property given to the defendant under the contract.
Rescission: Terminating the contractual obligations of both parties.
Reformation: Modifying the contract to correct inequities.
Specific performance: Compelling the breaching party to fulfill their contractual duties when monetary damages are insufficient.

Additionally, if a promise was made that you relied upon, you might explore the concept of promissory estoppel, which can enforce a promise even without a formal contract if certain conditions are met.

It's important to act within the six-year time frame to ensure your claim is valid. Consider consulting with a legal professional to discuss your specific situation and options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a contractor sue a homeowner without a contract?

Yes, a contractor can sue a homeowner even without a formal contract, but it may be more challenging. If the contractor can prove that work was done and that the homeowner accepted the services, they might be able to recover payment through a theory like unjust enrichment or quantum meruit. However, having a written contract is always beneficial as it clearly outlines the terms and expectations of both parties.

How long does a contractor have to pay me?

Who can put a lien on your house in Maine?

In Maine, contractors, subcontractors, and suppliers can place a mechanic's lien on a property if they are not paid for work or materials provided. This lien serves as a legal claim against the property and can affect the owner's ability to sell or refinance. It's important to follow proper procedures and timelines to ensure the lien is valid.

What to do if a contractor doesn't pay you?

If a contractor doesn't pay you, first review any agreements and attempt to resolve the issue directly. If that fails, consider sending a demand letter outlining the amount owed and requesting payment. If necessary, you may file a breach of contract claim in court. Consulting with a legal professional can help you understand your rights and options.