All Articles
November 13, 2017Guide3 min read

Advanced Credit and Collection Tools for Credit Professionals In Construction

T
By Thomas Emalfarb, Esq. · Updated January 20, 2024

Collections is a challenge for any business, but the construction industry is subject to a set of complex arrangements that result in unique challenges. Construction businesses need to use every credit and collection tool at their disposal to ensure timely payments and protection of their rights in the event payment is not forthcoming. With multiple levels of payments in the chain, different contract terms in each of those steps, and many companies involved, payment can quickly spiral out of control for everyone on a project if one company begins to have issues.

Joint Check Agreements

These agreements require that checks are made payable to multiple parties and require the signature of each party to be deposited. The subcontractor can then ensure they receive their portion of the payment in exchange for their signature. Suppliers and subcontractors should pay close attention to payment provisions that remove obligation from the general contractor to pay if they do not receive payment.

Credit Agreement

An agreement between two parties, one, such as a subcontractor, to provide the work on credit while the other, such as the prime contractor, to provide some security to ensure payment on the work. This would be a case where the contractor had some assets set aside or purchased a bond that would provide surety of payment in the event the contractor fell through. The subcontractor then extends credit in the form of providing labor or supplies for the project before payment is due.

Bonds

A third party holds the contractor responsible for the completion of the project and the owner for paying what is due. If the project is completed as promised, the bond company will come through and pay any amounts owed.

Retainage

Holding back a portion of payments due until the project is substantially complete can be a negative for subcontractor's cash flows. While it motivates completion, it doesn't always facilitate good will. Instead, consider holding retainage funds in a trust account where the interest is, at least, benefiting the contractor.

Lien Waivers

These are exchanged to ensure both payment is forthcoming and, once payment happens, that the receiving party will not file a lien against the project. There are a number of types of lien waivers that can be used, all of which are designed to protect the interests of both sides in a project.

Different companies on a project will often employ different credit and collection tools to ensure they are paid what is owed. Many problems can be avoided by clear and regular communication as to project scope, payment expectations, and a clear set of business procedures to follow on a set timeline regarding contracting, invoicing, and late payments.

credit and collection
joint check agreement
lien waivers
construction bonds
retainage
payment protection

Related Articles

Unpaid-balance lien states infographic - in unpaid balance lien states you are racing against two deadlines: the statutory deadline to file a mechanics lien, and the moment the owner pays the general contractor in full, which can limit or eliminate your lien rights.
June 26, 2026Guide

Unpaid-Balance Lien States: Why You're Racing Against Two Deadlines, Not One

In an unpaid-balance lien state, the calendar deadline to record your lien is only half the race. The hidden second deadline is the moment the owner finishes paying the general contractor - because that payment can shrink or erase the fund your lien attaches to. This guide explains both deadlines, why subcontractors and suppliers lose money even when they file 'on time,' and the notice-and-timing strategy that protects your leverage.

Read Article
Connecticut Mechanics Lien Law guide - the lower-tier notice of intent, the 90-day certificate recording deadline, the 30-day owner-service requirement, the one-year foreclosure and lis pendens deadline, the lienable-fund limit, and contractor registration.
June 20, 2026Guide

Connecticut Mechanics Lien Law: Notices, Deadlines, Lien Rights, and Contractor Registration

Connecticut treats original contractors and lower-tier claimants differently. This guide covers the lower-tier notice of intent, the 90-day certificate recording deadline, the 30-day owner-service requirement, the one-year foreclosure-and-lis-pendens deadline, the lienable-fund limit on subcontractor liens, who can claim, and how Home Improvement Act and New Home Construction registration affect enforcement.

Read Article
Delaware Mechanics Lien Law guide - the statement of claim, the 180-day and 120-day filing deadlines, the prior-written-consent rule for tenant work, the $25 threshold, the pleading elements, and contractor registration.
June 20, 2026Guide

Delaware Mechanics Lien Law: Statement of Claim, Deadlines, Lien Rights, and Contractor Registration

Delaware enforces mechanics liens through a strictly construed statement of claim filed in Superior Court. This guide covers the 180-day and 120-day filing deadlines, the prior-written-consent rule for tenant work, the statement-of-claim pleading elements, the $25 threshold, who can claim, and Delaware contractor registration and business licensing.

Read Article
Deadlines Are Unforgiving

Every Day You Wait Is a Day Closer to Missing Your Deadline

Construction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.

Contact Us