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Construction Payment Disputes Attorney in Indianapolis, IN

Getting paid on time is one of the most common sources of friction on a construction project. Payment disputes cover disagreements over unpaid invoices, withheld retainage, and disputes over whether a contractor or subcontractor is entitled to payment at all under the terms of their contract. These issues can affect anyone in the payment chain, from the general contractor waiting on the owner to the smallest supplier waiting on a subcontractor.

Many construction contracts include pay-if-paid or pay-when-paid clauses, which attempt to tie a subcontractor’s right to payment to whether the general contractor has been paid by the owner. Indiana courts scrutinize these clauses closely, and how enforceable a specific clause is often depends on exactly how it’s written. Retainage, the portion of payment withheld until a project is substantially complete, creates its own set of disputes, particularly when a project drags on longer than expected or when the owner disputes whether the work is actually complete.

At RileyCate, we help contractors, subcontractors, and suppliers pursue payment they’re owed, using tools including mechanic’s liens, breach of contract claims, and bond claims on public projects. We also represent owners and general contractors responding to payment claims they believe are unfounded or premature. Getting paid on a construction project often requires understanding which remedy fits the situation, and acting before deadlines close off your options.

Payment disputes often move on tight deadlines, particularly when a mechanic’s lien is part of the strategy, and that urgency is where trial-tested representation makes a real difference. Will Riley and Russell Cate lead our payment disputes team. Russell Cate is recognized as a Super Lawyer, and his civil litigation practice includes extensive business dispute experience, with appellate work alongside Will Riley before the Indiana Court of Appeals and the Indiana Supreme Court that adds real depth in this area. Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects that same trial-tested approach.

Will and Russell personally oversee every matter we take, staffing it with the attorneys, associates, and staff the case calls for based on its size and complexity, so your payment dispute gets prompt attention when deadlines are tight. We also offer alternatives to the standard billable hour for qualifying matters.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

Start by reviewing your contract’s payment terms and any notice requirements, then consider your options, which may include a mechanic’s lien, a breach of contract claim, or in some cases a bond claim if the project is public. Indiana’s lien deadlines run from the date you last provided labor or materials, so acting quickly matters. An attorney can help you identify the fastest path to getting paid based on your specific situation.
A pay-if-paid clause attempts to make a subcontractor’s right to payment contingent on the general contractor actually being paid by the owner. Indiana courts scrutinize these clauses closely and enforceability often depends on how clearly the contract shifts that risk to the subcontractor. Even where such a clause exists, other remedies like a mechanic’s lien may still be available.
Retainage is a percentage of each payment withheld until a project reaches substantial completion, intended to give the owner leverage to ensure the work is finished properly. Disputes often arise over whether a project has actually reached substantial completion, or whether retainage is being withheld longer than the contract allows. Reviewing your specific contract’s retainage terms is the first step in resolving a dispute over withheld funds.
Options generally include sending a formal demand, filing a mechanic’s lien if you’re within the deadline, pursuing a breach of contract claim, or filing a bond claim if the project is public and bonded. Which option makes the most sense depends on the size of the debt, the type of project, and how much time has passed. An attorney can help you weigh the costs and likely effectiveness of each option.
Some contracts include a right to stop work for non-payment after specific notice requirements are met, but stopping work without following those requirements can expose you to a claim for breach of contract or delay damages. This is a high-stakes decision that should generally be made with legal guidance rather than on your own. Reviewing your contract’s specific language on this point is essential before taking that step.
Depending on your situation, options can include a straightforward breach of contract claim, a bond claim if the project is public and bonded, or negotiation backed by the credible threat of litigation. A mechanic’s lien is often the strongest tool available on private projects, but it isn’t the only one, and in some cases it isn’t available at all, such as on public property. An attorney can help you evaluate which remedy or combination of remedies fits your situation.
Even smaller payment disputes are often worth pursuing through a mechanic’s lien, which can be filed without the same cost as a full lawsuit and still creates real leverage against the property. Small claims court is also an option for lower dollar disputes, depending on the amount involved. An attorney can help you weigh the cost of pursuing payment against what you’re actually owed before deciding how far to take it, and in many cases a well-drafted demand letter alone is enough to resolve a smaller dispute without further action.

If you’re owed money on a construction project, don’t let the clock run out on your options. We offer a consultation to review your contract, your invoices, and the timeline you’re working with. Reach out to RileyCate today to speak with a construction payment disputes attorney about your situation.

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