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No Recovery, No Fee

We Collect Your Unpaid Construction Receivables on Contingency.

You pay nothing upfront. No hourly fees. No retainers. We get paid when you get paid. National Lien & Bond pursues your unpaid invoices using the full weight of construction payment law, and we only collect a fee if we recover your money.

How Contingency Collections Work

A contingency fee arrangement means the attorney's compensation is a percentage of the amount recovered. If we collect nothing, you owe nothing. This is how it works in construction.

The Attorney's Evaluation

Before accepting any claim on contingency, the attorney conducts a threshold evaluation. This is not a formality. The attorney is deciding whether to invest their own time, staff resources, and out-of-pocket costs (filing fees, service of process, court costs) on your behalf with no guarantee of payment. The attorney reviews the contract, invoices, payment history, notice compliance, lien rights, debtor solvency, and any known defenses. Claims that pass this screening have a clear legal basis, a solvent debtor, and a realistic path to recovery.

The Recovery Process

Once accepted, the attorney issues a formal demand on law firm letterhead, backed by the credible threat of lien filing, bond claims, or litigation. Most debtors who receive an attorney demand understand the consequences and respond. If demand alone does not produce payment, the attorney escalates: filing a mechanic's lien to encumber the property, pursuing a bond claim on bonded projects, or initiating a lawsuit. At each stage, the attorney bears the cost and risk. The fee is collected only from the recovery proceeds.

1. Submit your account

Provide invoices, contract, and project details for evaluation.

2. Attorney evaluation

We assess legal merits, debtor solvency, defenses, and lien rights.

3. Demand and escalation

Attorney demand letter, then lien filing or litigation if needed.

4. Recovery and payment

Fee deducted from recovery proceeds. No recovery means no fee.

What Makes a Strong Contingency Claim

Not every unpaid invoice qualifies for contingency representation. The strongest claims share these characteristics.

Clear contract and documentation

A signed contract or purchase order, invoices with delivery confirmation, and a paper trail showing the work was performed and accepted.

No disputed quality or scope

The debtor has not raised legitimate defective work claims, punch list disputes, or allegations that the scope was not completed.

Solvent debtor with attachable assets

The debtor is an operating business or property owner with the financial capacity to pay. Collecting a judgment against an insolvent entity is not feasible regardless of legal merits.

Active lien or bond rights

Preserved mechanic's lien rights or a valid bond claim create secured leverage that dramatically increases the probability and speed of recovery.

Sufficient amount at stake

The outstanding balance is large enough to justify the attorney's investment of time and resources. Most contingency programs require a minimum of $25,000, though this varies.

Clean payment history

Prior invoices on the same project were paid without dispute. The non-payment is a cash flow problem or a bad-faith withholding, not a genuine dispute over value.

When Contingency May Not Be the Right Fit

Honest assessment protects everyone. These are the situations where contingency representation becomes problematic, and why.

Backcharges

A backcharge is a deduction the general contractor or owner imposes for alleged deficiencies in your work. Common examples include the cost to repair defective installations, remediate damage to other trades' work, complete unfinished punch list items, or clean up a jobsite. Backcharges reduce the net amount recoverable dollar for dollar.

When a debtor asserts $80,000 in backcharges against a $100,000 invoice, the dispute is no longer a straightforward collection. It is a contested construction claim that requires expert analysis of the alleged deficiencies, site inspections, review of daily logs, and potentially expert witness testimony. The attorney is now litigating work quality, not collecting a debt. The net recovery, even in a best-case outcome, may not justify the cost and risk.

Why it matters for contingency: If backcharges reduce the likely net recovery below the threshold that justifies the attorney's time investment, the claim will not be accepted on contingency. The claimant may still have valid claims, but they are better pursued under an hourly or hybrid fee arrangement where the attorney is compensated regardless of outcome.

Offsets and Cross-Claims

An offset is a contractual or equitable right to reduce the amount owed by debts or obligations running in the opposite direction. In construction, offsets commonly arise from liquidated damages for project delays, costs the GC incurred to correct or complete the claimant's scope, charges for shared resources (crane time, temporary utilities), or overpayments on prior pay applications.

Offsets differ from backcharges in that they do not necessarily relate to work quality. A debtor may acknowledge that your work was perfect but assert that you owe money for delay damages or shared costs that eat into or exceed your receivable. When the offset is contractually supported, the net amount available for recovery shrinks accordingly.

Why it matters for contingency: Offsets create uncertainty about the actual amount recoverable. An attorney evaluating a $150,000 claim will weigh whether the debtor's $90,000 offset has contractual support. If it does, the realistic recovery is $60,000 minus litigation costs, which may not support a contingency arrangement. Worse, the debtor may assert the offset exceeds the amount owed, leaving the claimant with no net recovery at all.

Counterclaims

A counterclaim is an affirmative lawsuit the debtor files against you in response to your collection effort. In construction, counterclaims typically allege defective workmanship, project delays causing consequential damages, failure to meet specifications, breach of warranty, or negligence. Counterclaims are the most serious complication because they transform your offensive collection into a two-front legal battle.

Consider this scenario: you are owed $200,000 for electrical work on a commercial project. You file suit to collect. The general contractor counterclaims for $500,000, alleging your wiring defects caused a fire suppression system failure that flooded three floors and delayed the project by four months. Now you are not just collecting a debt. You are defending against a claim that exceeds your receivable by $300,000. The litigation becomes expensive, protracted, and risky.

Why it matters for contingency: Most contingency agreements cover the offensive collection only, not defense of counterclaims. If a counterclaim materializes, you will likely need to retain separate counsel on an hourly basis to defend against it. The attorney who accepted the collection on contingency may have a conflict or may not have the capacity to handle a complex construction defect defense. Before filing suit on any construction collection, the attorney must assess counterclaim risk. If the debtor has a credible basis for a counterclaim that could exceed your claim, contingency is not the right fee structure.

Other Factors That May Preclude Contingency

Debtor insolvency

The debtor is bankrupt, dissolved, or has no attachable assets. A judgment against an empty shell is worthless.

Small balance accounts

Claims under $10,000-$25,000 often cannot support the cost of attorney time, filing fees, and litigation on a contingency basis.

Expired lien rights with no bond

Without lien security or a payment bond, the claim is unsecured. Recovery depends on litigation, which increases cost and timeline.

Disputed scope or change orders

When the parties disagree on what work was authorized, the dispute requires factual adjudication that goes beyond simple debt collection.

When Contingency Isn't Right, There Are Other Options

If your claim has complications that preclude a pure contingency arrangement, National Lien & Bond offers alternative fee structures designed to manage risk while still pursuing recovery aggressively.

Hybrid Contingency

A reduced hourly rate combined with a smaller contingency percentage. This shares risk between attorney and client, making it viable for claims with moderate defenses or smaller balances that cannot support a full contingency arrangement.

Flat Fee Demand

A fixed fee for the initial demand letter phase. If the demand resolves the matter, you know the exact cost upfront. If escalation is needed, the engagement converts to hourly or contingency depending on the claim's posture after the debtor responds.

Hourly with Success Bonus

Standard hourly billing with a success bonus tied to the recovery amount. This structure works for complex matters involving defenses, counterclaims, or multi-party disputes where the attorney needs compensation for time invested but the client wants aligned incentives.

Find Out If Your Account Qualifies for Contingency

Submit your unpaid account for a free evaluation. We will review the claim, assess the defenses, and tell you whether contingency, hybrid, or hourly representation is the right fit. There is no cost and no obligation for the initial review.

Contingency Collections FAQ

What does contingency fee mean for construction collections?

A contingency fee arrangement means you pay no attorney fees upfront and no hourly billing. The attorney's fee is a percentage of the amount actually recovered. If nothing is recovered, you owe nothing for legal services. This structure aligns the attorney's financial incentive with yours: the attorney only gets paid when you get paid. National Lien & Bond evaluates each account to determine whether the claim profile, amount at issue, and likelihood of recovery support a contingency arrangement.

What percentage does the attorney take on a contingency collection?

Contingency fee percentages vary based on the complexity of the claim, the amount at issue, and the stage at which recovery occurs. Construction collection contingency fees typically range from 25% to 40% of the amount recovered. Claims that settle quickly after a demand letter may carry a lower percentage than claims requiring lien foreclosure or litigation. National Lien & Bond provides a clear fee schedule before engagement so there are no surprises.

Why would a contingency claim be declined?

Not every unpaid invoice is suitable for contingency representation. Claims are typically declined when the debtor has raised substantial backcharges, defective work allegations, or contract disputes that create genuine liability exposure for the claimant. Small-dollar claims where the expected recovery would not justify the litigation cost are also poor candidates. Accounts where the debtor is insolvent or has no attachable assets present a high risk of non-recovery regardless of the legal merits. The attorney must evaluate whether the claim has a clear path to recovery before committing resources on a no-recovery, no-fee basis.

What is the difference between a backcharge and an offset?

A backcharge is a deduction the general contractor or owner imposes for alleged deficiencies in the claimant's work, such as the cost to repair defective installations, clean up a job site, or complete punch list items the claimant left unfinished. An offset is a broader contractual right to reduce the amount owed by any debt or obligation running in the opposite direction. Both backcharges and offsets reduce the net amount recoverable and can transform a straightforward collection into a contested dispute. When a debtor asserts backcharges or offsets that approach the amount of the unpaid invoice, the claim becomes difficult to pursue on contingency because the net recovery is uncertain.

What happens if the debtor files a counterclaim?

A counterclaim is an affirmative claim the debtor files against the claimant, typically alleging defective work, project delays, breach of contract, or consequential damages. Counterclaims fundamentally change the risk profile of a collection matter because the claimant is no longer just pursuing money owed but also defending against potential liability. Most contingency fee arrangements do not cover defense of counterclaims, which means the claimant may need to retain separate hourly-rate counsel to handle the defense. This is one of the primary reasons attorneys carefully screen collection claims for counterclaim risk before accepting them on contingency.

Can I still pursue collections if my lien deadline has passed?

Yes, but the leverage is different. When lien rights are preserved, the attorney has a secured claim against real property that motivates quick payment. When the lien deadline has expired, recovery depends on contract claims, unjust enrichment, prompt payment act violations, or bond claims if the project was bonded. These unsecured remedies are still viable, but they often require litigation and take longer to produce results. National Lien & Bond evaluates expired-deadline accounts on a case-by-case basis to determine whether the remaining legal avenues justify contingency representation.

What types of construction receivables are best suited for contingency collections?

The strongest contingency candidates are clear-cut payment disputes where labor and materials were furnished, the work was accepted, and the debtor simply has not paid. Clean accounts with signed contracts, documented delivery, and no asserted defenses are ideal. Larger balances (typically $25,000 and above) with solvent debtors and active lien rights produce the highest recovery rates and are most likely to be accepted on a contingency basis. Retainage claims after project completion are also strong candidates because the work has already been approved.

How long does contingency collection take?

Timelines vary by case. Many accounts resolve within 30 to 60 days through attorney demand letters, because debtors take attorney-backed collection efforts seriously. Claims requiring lien filing and foreclosure may take 3 to 6 months. Matters that proceed to litigation can take 6 to 18 months depending on the jurisdiction and complexity. National Lien & Bond prioritizes early resolution but maintains the resources and commitment to pursue full litigation when necessary.

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
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