Estimated reading time: 4 minutes
Table of Contents
- The Payment Problem on Major Projects
- State and Federal Construction and Real Estate Litigation
- Lien Rights and Payment Enforcement for Subcontractors
- Strong Contracting Up Front Protects Against Nonpayment
- Why Michigan and Indiana Trades Choose Willis Law
- Talk to a Construction Litigation Attorney Today
When a subcontractor goes unpaid on a large commercial project, the strongest protections are lien rights, prompt payment claims, and the contract signed before the first shovel hit the ground.
In Michigan and Indiana, subcontractors, suppliers, and trades can secure payment through construction liens, bond claims, and breach of contract actions. But these remedies come with strict deadlines and notice requirements. Willis Law represents excavators, plumbers, pipefitters, electricians, and other trades in state and federal construction litigation, and drafts contracts that protect against nonpayment before disputes ever start.
The Payment Problem on Major Projects
Data centers, solar farms, and other large developments have brought enormous mechanical and electrical scopes to Michigan and Indiana, with some single-site contracts reaching into the billions.
Here is where the risk builds up:
- Money moves through a long chain of owners, general contractors, and multiple tiers of subcontractors.
- A delay or dispute anywhere upstream can leave the trades doing the actual work waiting months for payment.
- The larger the project, the more complex the payment structure and the higher the stakes.
A subcontractor owed millions cannot afford to treat collection as an afterthought. Knowing your rights, and acting within the deadlines that govern them, is what separates a paid claim from a written-off loss.
State and Federal Construction and Real Estate Litigation
Construction disputes can land in state court, federal court, or arbitration depending on the contract, the parties, and the nature of the claim. Common matters include:
- Nonpayment and collection actions
- Breach of contract
- Defective or delayed work allegations
- Delay and disruption claims
- Payment and performance bond disputes
- Mechanic's lien foreclosures
Federal jurisdiction may come into play when parties are based in different states, or when a project involves federal funding or federal land. This is increasingly relevant as national developers build across state lines.
Willis Law handles litigation in both state and federal forums, working to resolve disputes efficiently while preparing every case as though it will be tried.
Lien Rights and Payment Enforcement for Subcontractors
A construction lien attaches to the improved property and gives an unpaid contractor or supplier a powerful tool to compel payment. But lien rights are unforgiving on timing and procedure, and the rules differ across state lines.
Michigan (Construction Lien Act) generally requires you to:
- Serve a Notice of Furnishing early in the project
- Record a Claim of Lien within 90 days of last furnishing labor or materials
- File suit to enforce the lien within one year of recording
Indiana sets its own notice obligations, along with a shorter window to record and foreclose a mechanic's lien.
Missing any one of these steps can extinguish an otherwise valid claim, which is why early legal involvement matters so much.
Liens are not your only option. Subcontractors may also pursue:
- Payment bond claims
- Prompt payment act claims
- Direct breach of contract actions against the party that failed to pay
On many large private projects, payment bonds and lien waivers shape the entire recovery strategy, so the right approach depends on your specific project and contract documents.
You can hear directly from the trades and businesses we have represented on our client testimonials page.
Strong Contracting Up Front Protects Against Nonpayment
The cheapest dispute to win is the one avoided by a well-drafted contract. Before work begins, your agreement should clearly address:
- Scope of work
- Payment schedules and milestones
- Retainage
- Change order procedures
- Lien and bond rights
- Dispute resolution
- Attorney fee recovery
- Conditions for suspending work when payment stops
For subcontractors taking on eight and nine-figure scopes, contract language is not a formality. It determines whether you get paid on time, how quickly you can escalate when you do not, and who bears the cost of a fight.
Willis Law reviews and drafts construction contracts so our clients enter major projects with payment protections already built in, rather than discovering gaps after the money stops flowing.
Why Michigan and Indiana Trades Choose Willis Law
Willis Law is a full-service law firm based in Michigan with offices in Kalamazoo, Grand Rapids, and Paw Paw. Built on a Christian model of service, we walk with our clients through the full legal journey, providing clarity, honest communication, and dedicated advocacy.
What sets us apart:
- Fixed-priced legal services that challenge the traditional hourly billing model, giving you predictability instead of surprise invoices
- A commitment to stopping the clock on billing and keeping communication clear and transparent
- Special rates for students, senior citizens, and military members
- Local knowledge of courts and communities across West Michigan and into Indiana
- "Your Lawyers for Life" relationships built on integrity and genuine client care
Our attorneys handle a wide range of matters, including business transactions, real estate, construction disputes, criminal defense, probate, and personal injury.
Talk to a Construction Litigation Attorney Today
If your business is owed money on a commercial construction project, or you are heading into a major job and want your contract to protect you, do not wait for deadlines to pass.
Willis Law is available 24/7 and offers free consultations, both virtual and in-person.
Do not let an unpaid invoice on a major commercial build jeopardize your business. Contact Willis Law today to discuss your construction lien or contract dispute.