How would your options and response change depending on the stage of the project?
Regardless of the stage of the project, the first step would be to contact the owner or owner’s representative to discuss the issue and make sure they are aware. If payment is subsequently not made, I would provide written notice that the owner has breached the terms of our contractual agreement and if payment is not received within a specified period (I would need to check the AIA B101 Owner-Architect Agreement to verify the standard period but I believe it would be 7 days) my office will stop working on the project until payment is received. If the project has been permitted but construction has not begun I would consider the use of a California Design Professional’s Lien as a remedy. If construction has begun I would consider the use of a Mechanic’s Lien or Stop Notice to secure payment. In addition to these remedies mediation, arbitration or litigation would also be potential ways of securing payment.