Inside the Subcontractor Win
How to Get Paid by a Breaching Contractor Without Going to Court
A $197,000 recovery plus attorney’s fees for an unpaid subcontractor
You finished the work and sent the invoices. The contractor keeps promising payment while your payroll and supplier bills come due. Every week of delay puts more pressure on the business you worked hard to build.
That was the situation our subcontractor client faced. The work was complete, payment was overdue, and repeated assurances had failed to produce the money owed. The Moster Law Firm pursued the contractor and secured payment of $197,000 plus attorney’s fees, without going to court.
For unpaid subcontractors, this case shows why experienced, aggressive litigators can matter long before a courtroom becomes necessary. A contractor needs to understand that the demand for payment is backed by lawyers prepared and able to enforce it.
The Work Was Complete and Payment Was Overdue
Our client performed specialized installation and insulation work on multiple commercial projects under a master service agreement and project purchase orders. As detailed in our demand, our client furnished labor and materials, completed the work, obtained approval of the schedules of values, and submitted invoices on 30-day payment terms.
Our demand explained that the contractor had accepted the work and raised no legitimate dispute about its quality, scope, completion, or pricing. A partial payment left a substantial balance unpaid. Our client had performed its obligations and was still chasing the contractor for payment.
Payment Promises Put the Business Under Pressure
The demand described repeated assurances that payment had been included in weekly check runs. The promised payments did not arrive. The contractor also represented that bank financing was being arranged and that a bank representative would contact our client. That contact never occurred.
Meanwhile, the financial damage continued. The unpaid receivables strained our client’s ability to meet obligations to employees and suppliers and take on new work. Money earned on completed projects remained unavailable to run the business. For a subcontractor, that kind of delay can reach into every part of the operation.
Our demand also alleged that the payment assurances had induced our client to delay enforcement action while potential lien deadlines were approaching. That history required attention alongside the unpaid invoices.
We Put the Evidence and the Consequences Before the Contractor
Our attorneys presented a formal demand tying the payment obligation to the agreement, purchase orders, completed work, approved schedules of values, and invoices. We demanded payment and reimbursement of attorney’s fees, asserted breach of contract and fraud claims, and set a deadline for resolution.
We also raised potential claims under the Texas Construction Trust Fund Act. The demand called for investigation into whether the contractor had received project payments and improperly diverted funds instead of paying our client. Those potential claims depended on the evidence and the Act’s requirements and defenses.
The contractor was instructed to preserve contracts, invoices, payment records, financial records, and communications. Our demand made clear that litigation would follow if the dispute remained unresolved. The contractor had a documented account of the debt, the alleged misrepresentations, and the claims it would face.
Prepared for Battle and Positioned for Resolution
The Moster Law Firm has 19 attorneys and litigates cases across Texas. Our seasoned, experienced litigators prepare demands with the ability to follow through. We believe a litigation firm should operate like a battle station: organized, prepared, and ready to act when the client’s interests require it.
For an unpaid subcontractor, the goal is to recover money and protect the business. Credible preparation for litigation can strengthen the effort to negotiate that result. The other side must understand that refusing a reasonable resolution means facing lawyers with the experience and resources to pursue the case.
We Go Hard. We Don’t Bluff.
The Result Was Payment Plus Attorney Fees
The Moster Law Firm secured $197,000 plus attorney’s fees for our subcontractor client without going to court. The resolution produced payment for completed work and addressed the legal expense of pursuing it.
This is the practical objective behind our approach: build the case, press the demand, and pursue a resolution that serves the client’s business. When negotiation cannot accomplish that, we remain prepared to litigate.
Your First Step Costs Nothing
If you are a Texas subcontractor dealing with unpaid invoices, withheld retainage, or unpaid extra work on a commercial project, contact The Moster Law Firm for a free, hour-long consultation. Send us your subcontract, purchase orders, change orders, invoices, proof of completed work, payment history, and communications about payment so we can review the evidence before the meeting.
Seek advice promptly about lien notices and filing deadlines. Do not assume that another promise to pay protects your rights. We provide actual legal advice about your claim, the deadlines that apply, available remedies, and whether pursuing recovery makes practical and financial sense.
We are prepared to GO HARD. Visit www.themosterlawfirm.com to schedule your consultation.
Past results do not guarantee future outcomes. Each case depends on its facts, evidence, and applicable law. The allegations described here were resolved by settlement and were not adjudicated.
