Payment Performance and Collection Remedies
We rely on our deep knowledge of each client’s business — plus our team’s experience with public and private construction projects of all sizes — to determine the most effective remedy for clients when they do not receive payment for the work their company has done.
Our goal is to achieve a favorable settlement or judgment in the client’s favor and to locate assets from which the judgment may be satisfied. We have extensive experience utilizing mechanic’s liens in the proper circumstances and applying trust fund statutes on behalf of subcontractors and suppliers to enforce debt. We are also skilled in the application of statutory remedies, such as New York’s Prompt Payment law, to help clients recover what they have earned.
Our attorneys know how to maneuver the intricate steps required to ensure payment is received for services rendered. When a contractor or subcontractor is not compensated or not fully compensated for the work, labor, and/or materials provided, we bring this extensive experience to help clients evaluate whether filing a mechanic’s lien is a practical method under the unique circumstances of the situation.
Our construction attorneys are well versed in state lien laws and the incredibly strict deadlines associated with them. For example, in New York State, the failure to properly serve the lien and file the proof of service within the time constraints imposed by law can prove fatal to a claim, often prior to the other side even consulting counsel. Because we are so proficient with these regulations, we can simplify and streamline the process for our clients.
We assist clients in all aspects relating to mechanic’s liens, including:
- Filing liens
- Enforcing liens
- Lien removal
- Undertaking and bonding
- Lien dismissal
- Itemizing mechanic’s liens
- Inspection of books and records
- Priority issues
- Trust diversion claims
- Foreclosure actions
- Filing notice of pendency
- Willful exaggeration of lien amounts
- Removing defective liens from a property
Surety Bond Claims
Goldberg Segalla represents sureties in the full spectrum of bond claims and related matters. As leaders in construction and surety law, we are well-versed in the nature of these intertwined industries and the forces that shape them. This deep industry knowledge helps us understand what is important to our clients — and therefore tailor our legal services to protect their interests and better serve their unique needs.
Our work often involves contract surety bonds, including the negotiation of surety agreements, analyzing and managing surety risks and, if litigation is unavoidable, representing clients in all phases of surety disputes.