The “Work First, Fight Later” Mistake: Why Contractors Lose Payment They Already Earned (NY/NJ)

The “Work First, Fight Later” Mistake: Why Contractors Lose Payment They Already Earned

NY & NJ Construction Payment Guide — by JDE Law Firm, PLLC

Contractors are problem-solvers. When a client is behind on decisions, when designs change mid-job, when schedules slip — you keep the project moving. Because you know that stopping the work stops the money, delays the schedule, and creates conflict.

But here’s the trap: Continuing work without written approvals is the #1 reason contractors lose payment they have already earned.

Why Contractors Keep Working (Even When They Shouldn’t)

  • You want to avoid a fight with the GC or owner.
  • You trust that “they’ll take care of you when the job is done.”
  • You don’t want to look “difficult” or “litigious.”
  • You’re afraid that pausing the job will get you replaced.

Meanwhile, the owner is collecting rent, the GC is billing progress draws, and you’re floating payroll and materials.

The client isn’t the one taking the risk. You are.

If It’s Not in Writing, It Didn’t Happen

In both New York and New Jersey, courts enforce the contract as written. If your agreement requires written change orders — and almost all of them do — then:

Work performed without written approval is not automatically billable.

You may have installed it perfectly. You may have photos, delivery tickets, and labor logs. You may have costed it accurately.

But without written authorization, the owner can say: “We didn’t approve that, so we’re not paying.”

How to Protect Yourself (Without Blowing Up the Job)

There are only two real rules contractors need to follow:

  1. Send everything in writing. Email. Text. Daily report note. Doesn’t matter — just document agreement.
  2. Don’t perform extra work without written authorization. A simple: “We’re ready to proceed once approved” protects you.

You don’t need legal threats. You don’t need aggression. You need a paper trail.

How to Say It (Copy/Paste)

Here is the exact language contractors use when they work with us:

Before we proceed with this additional work, please confirm approval in writing. Once confirmed, we will schedule and perform promptly. Cost impact and timing to follow.

No drama. No argument. Just business.

When to Stop the Work (And Not Lose the Job)

You pause only when:

  • The owner is stalling approval intentionally
  • The GC is using “just get it done” to dodge responsibility
  • The project is already behind and you are the one floating it

Stopping the work is not a failure. It’s leverage.

Bottom Line

Contractors don’t lose money because of workmanship. They lose money because of missing documentation.

When you work first and fight later, the fight usually comes — and you enter it from behind.

If you’re owed money, or a GC/owner is stalling change approvals, we can fix this.

Book a 15-Minute Contractor Payment Strategy Call →

This article provides general information for NY/NJ contractors and is not legal advice. Results depend on the contract language, communications, and timing.

JDE Law Firm, PLLC — My Business is to Protect Your Business.

NY: 718-966-0877  |  NJ: 732-490-7120

Write a comment

Comments: 0