Contractor Not Paid? Contingency Collections Attorney

Getting paid for completed work shouldn't require a second job chasing down an invoice. When a general contractor, owner, or upstream contractor refuses to pay for legitimate, completed construction work, Stone LLP's contingency-fee collections practice gives contractors, subcontractors, and material suppliers a way to pursue full recovery through litigation without fronting attorney's fees. Our construction lawyers have spent decades in California courtrooms recovering payment through mechanics liens, stop notice claims, and breach of contract actions, and for select cases we take on that fight on a contingency basis.

Sound Familiar?

You finished the work. The invoice went out weeks or months ago. And now:

The general contractor won't return your calls about payment
Your customer keeps promising to pay but never does
The property owner or GC is stalling past the retention release deadline
A subcontractor or supplier up the chain says they haven't been paid either, so you haven't been paid

What Is Contingency-Fee Construction Collections?

If your claim qualifies for our no out-of-pocket-fee model, Stone LLP does not bill hourly for pursuing your unpaid construction claim. Instead, our fee is contingent on recovery: if we don't collect, you don't pay attorney's fees. We're not a collection agency. This is attorney-driven litigation using the full range of remedies available under California construction law, including recording and foreclosure of mechanics liens, stop notice claims, payment bond claims, and breach of contract lawsuits.

We evaluate each prospective case individually. Because contingency representation ties our compensation to the outcome, we're selective about which cases we accept. We look for a documented claim, an identifiable and viable business debtor, and a dispute that centers on nonpayment rather than disagreements over construction defects or the quality or scope of work.

Who We Represent

Stone LLP's contingency construction collections practice is built exclusively for business-to-business construction disputes. We represent:

General contractors owed payment by property owners and developers
Subcontractors owed payment by general contractors or upstream subcontractors
Material suppliers and equipment companies owed payment by contractors or subcontractors

Construction Payment Disputes We Pursue on Contingency

Our contingency collections practice covers the full range of nonpayment disputes that arise on private and public works construction projects in California, including:

Non-payment disputes At the core of every contingency collections matter is a straightforward problem: work was performed, invoiced, and never paid for. We pursue non-payment claims against general contractors, owners, and other businesses in the payment chain, using the combination of lien rights, bond claims, and contract remedies that gives our clients the strongest leverage to recover.
Mechanics lien claims California's mechanics lien statutes, sometimes called a materialman's lien among material suppliers, give unpaid contractors, subcontractors, and suppliers a powerful security interest in the improved property itself. We record, perfect, and litigate mechanics liens, including foreclosure actions when necessary, to secure and enforce payment. Where a lien has already been recorded but not yet perfected through litigation, our contingency program can often step in to complete that process.
Stop notice claims A stop notice puts a project's construction lender or public entity on notice that funds must be withheld to satisfy an unpaid claim. We pursue private works and public works stop notice claims, including stop notice release bond disputes, as an additional avenue of recovery alongside or instead of a mechanics lien.
Prompt payment disputes California's prompt payment statutes impose strict deadlines on progress payment, retention, and final payment disbursement, and significant penalties, including monthly interest and attorney's fees, when those deadlines are missed. We pursue prompt payment penalty claims for contractors and subcontractors on both private and public works projects.
Retention disputes Retention withheld beyond the timeframes and conditions permitted by California law is a frequent source of unpaid construction claims, particularly on larger or longer-running projects. We pursue recovery of wrongfully withheld retention, including the statutory penalties and attorney's fees available when retention is not released as required.
Change order disputes Unpaid or disputed change orders are one of the most common and most litigated sources of construction non-payment. We pursue payment for extra work, whether formally authorized through a written change order or informally directed and performed in the field, and litigate the underlying entitlement to payment when a general contractor or owner disputes the change order altogether.
Public works payment disputes Public works projects carry their own payment framework, including public works stop notice rights, payment bond claims against the public entity's surety, and prompt payment statutes specific to public contracts. We pursue payment claims for contractors and subcontractors on public works projects using these public-works-specific remedies.
Private works payment disputes On private works projects, mechanics liens, private works stop notices, and payment bond claims, where a bond is in place, form the core toolkit for securing payment. We pursue private works payment claims using whichever combination of these remedies gives our client the strongest position to recover.

Related construction payment resources

Explore the specific California remedies we use to recover payment:

Is My Claim a Good Fit for Contingency Representation?

Because our fee is tied to recovery, Stone LLP evaluates contingency collections cases individually rather than applying a fixed claim-size cutoff. Cases that tend to be well-suited for our contingency program generally share a few characteristics:

The underlying work was completed, or substantially completed, as contracted
There is documentation, such as a contract, invoices, or correspondence, establishing the debt
The nonpaying party is an identifiable, active business or individual with the ability to pay a judgment
The dispute centers on nonpayment rather than a good-faith disagreement over defective or incomplete work
Mechanics lien rights are intact, not time-barred, and superior to other project creditors such as lenders

How the No Out-of-Pocket Fee Arrangement Works

When Stone LLP accepts a construction collections matter on contingency, our attorney's fees are paid out of the recovery, not out of your pocket. You are not required to pay for the attorney time spent investigating, filing, or litigating the claim. Payment is handled at the conclusion of the case if and when a recovery is obtained. This structure aligns our incentives directly with yours: we are paid when, and only when, you are paid.

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Frequently asked questions

Do I have to pay anything out of pocket to pursue my claim?

No. For cases Stone LLP accepts into its contingency construction collections program, our attorney's fees are contingent on recovery. You do not pay hourly legal fees out of pocket to pursue the claim.

Do you handle collection cases against homeowners?

No. Stone LLP's contingency construction collections program is a business-to-business practice for contractors, subcontractors, and material suppliers pursuing payment from other businesses in the construction chain. We do not accept cases against individual homeowners of 1-to-4 unit residential dwellings into this program.

What's the difference between a public works and a private works payment claim?

Public works projects involve a public entity as the property owner and use public-works-specific remedies, including public works stop notices and payment bond claims against the project's surety, since mechanics liens generally cannot attach to public property. Private works projects allow for mechanics liens directly against the property, along with private works stop notices and payment bond claims where a bond is in place.

How long does a mechanics lien claim take to resolve?

Timing depends on the claim's complexity, the responsiveness of the opposing party, and whether litigation is required to perfect or foreclose the lien. Many claims resolve before trial once a lien is recorded and litigation is filed, but contested matters can take considerably longer. We evaluate expected timing as part of every case assessment.

What if the other side disputes the debt or claims the work was defective?

Contingency representation is best suited to claims centered on nonpayment for work that was properly performed. If a dispute is genuinely about the quality, scope, or completeness of the work, rather than an outright refusal to pay for work that was properly done, it may fall outside our contingency criteria, though we can still discuss other fee arrangements for that type of matter.

What types of claims can Stone LLP pursue on my behalf?

Depending on the facts of your matter, we may pursue mechanics lien claims, stop notice claims (private or public works), payment bond claims, prompt payment penalty claims, retention recovery, change order disputes, and breach of contract claims, often in combination, to maximize leverage and recovery.

What can I do if a general contractor won't pay me?

If a general contractor won't pay for completed work, options can include sending a formal payment demand, filing a mechanics lien (sometimes called a materialman's lien if you're a material supplier), pursuing a stop notice or payment bond claim, and, if necessary, filing a breach of contract lawsuit. Stone LLP evaluates these claims for contingency representation, meaning qualifying cases can move forward without out-of-pocket legal fees.

What can I do if my customer won't pay my construction invoice?

When a customer, whether a general contractor, subcontractor, or property owner, won't pay a construction invoice, the right remedy depends on the type of project and the relationship between the parties. Mechanics liens, stop notices, payment bond claims, and prompt payment penalty claims are among the tools available to secure payment. Stone LLP evaluates unpaid invoice claims for contingency representation on a case-by-case basis.

Contingency Fee Construction Collections Attorney for Contractors, Subcontractors & Suppliers