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Your Slow-Pay Accounts Are Borrowing Money From You

Adam SmithAdam Smith··10 min read

Your Slow-Pay Accounts Are Borrowing Money From You

Spring 2008, Smith Mechanical was running six trucks and twelve guys. Big invoices out every month. Two builder accounts, maybe 45% of my volume between them. I thought I was doing it right. I was measuring trucks when I should have been measuring cash.

October of that year, both builder accounts went quiet in the same week. Not bankrupt yet. Just quiet. Calls not returned. "Invoice is in the queue." "Waiting on the bank." I kept working. Kept buying copper and water heaters. Kept meeting payroll every Friday.

The volume was real. The cash wasn't.

A slow-pay builder account feels like a good problem — steady work, guys staying busy, monthly revenue looking respectable. What it doesn't do is make payroll. And the month you need that money and it isn't there, the volume means nothing. You've been working for free, and you've been financing the whole thing yourself, and nobody told you that's what the arrangement was.


If You're Drawing on a Credit Line to Cover Payroll, the Builder Set Your Borrowing Schedule

The mechanics are simple. Builder owes you $38,000 across three invoices. All three are past 45 days. Payroll is Friday. You draw on your line to cover it, tell yourself you'll pay it back when he clears.

What just happened: you went to the bank on his behalf. You are now paying interest on money he should have already sent you. The effect is the same whether he planned it that way or not. He's using your labor as a free credit line and you're paying for the privilege.

After 2008 I started asking one question to figure out if a shop was actually healthy: how long can you pay your guys, your truck notes, your rent, and your insurance with zero new revenue? Tools down. Phones quiet. Nothing.

If the answer isn't 90 days, you've got a hostage situation, not a business.

I didn't get that number from a book. I got it from watching what 110-day receivables feel like from the inside. By late 2008, my receivables had stretched from 45 days to 110 — not because work dried up, but because builders stopped paying while I kept working. The jobs were done. The invoices were real. The cash didn't exist. That gap — between what you've earned and what's in the account — is what kills shops. Not bad work. Not bad estimating. The gap.


What "Next Friday" Actually Means

In 2011 I was owed $61,000 by a builder named Whitman out of Marlborough. I'd already lived through 2008. Didn't matter.

Whitman was steady work — residential construction, clean jobs, kept three guys busy most of a year. Then the invoices started aging. The call became "closing on Phase Two coming up, check by next Friday." Then another Friday. Then a conversation about retainage on Job One while Job Three was still going.

Here's what "next Friday" means. It means he's paying somebody else with your money. Probably whoever threatened hardest most recently. He had made a calculation that I would not file a lien, would not send a demand letter, would not stop working. Every Friday I proved him right, he had more of my money. He had all the cards. By the time I finally pulled tools and sent a demand letter, I had burned through most of my options.

Whitman paid 38 cents on the dollar in the bankruptcy. I collected $23,000 of $61,000.

I turned down the successor account working in the same market two weeks later. People said I was burning a bridge. I slept better.

The problem wasn't that I needed to call more or write angrier emails or hire a collections agency. I'd mobilized on those jobs without adequate credit controls, with a pay-when-paid clause I hadn't read, against a customer I'd let grow to nearly 40% of my monthly volume. The fix had to happen before the first invoice, not after the twentieth.


Better Collections Is Not the Answer

Call at 30 days, escalate at 45, stern call at 60, automated reminders — that advice isn't wrong. It's just not about the problem.

If you're 75 days out on a GC account, you're running cleanup on a structural failure that happened at contract signing. You're on defense, on someone else's terms.

Two things happen at contract signing that most small shops don't deal with.

Pay-when-paid clauses. Buried in GC subcontracts — sometimes labeled, sometimes folded into the payment terms paragraph like they're routine. Everyone's been signing them so long they stopped reading. What the clause says is that your payment is contingent on the GC getting paid by the owner. He's transferred his receivables risk onto you. You are now the bank for the whole upstream chain. The fix is reading the contract before you sign it and crossing the clause out. Initial it, send it back. Some GCs will push back. Some will walk. The ones who walk were planning to use it.

Retainage and punch-list games. Most GC subcontracts hold 10% retainage until project completion — that's standard. What's also standard, though nobody says it out loud, is that "completion" gets defined by the GC at the end of the job, using a punch list that expands as final payment gets close. I've had GCs add items to a punch list I'd never seen discussed during the job — things the framer did wrong that somehow became my callback. That's not a punch list. That's a hostage. The time to deal with it is at the contract, not standing in a half-finished house arguing over caulk lines.


How You Structure This Before the First Truck Rolls

After 2009 I rebuilt Smith Mechanical smaller. Service-only work for about eighteen months. Residential, cash customers, COD on materials. No builder accounts without a signed subcontract I'd actually read — I mean sat down with coffee and read. And one rule I held until I sold the book to Reliant Mechanical Group in 2018: no single account over 30% of monthly revenue.

When Whitman was running hot he was 38% of my volume in a good month. I told myself that was fine because the work was steady. What it meant was he could move my cash position from 40 miles away without picking up a phone.

The practical structure I ran after that:

Mobilization deposit, 20% of contract value, before work starts. Not negotiable. If a GC says none of his other subs require this, either he's lying or his other subs are as undercapitalized as I was in 2008.

Milestone billing in writing, tied to work completed. Rough-in done is a milestone. Trim-out done is a milestone. Final inspection is a milestone. Bill at each one. Next phase doesn't start until the prior billing clears.

Strike pay-when-paid. If he won't sign without it, price the risk in or walk.

One more thing nobody says about firing a GC account: it isn't burning a bridge. When Reliant bought my book in 2018, the first thing they looked at was the receivables ledger. A ledger full of 90-day builder balances would have changed their number. Clean receivables are part of what you built.


What You Do Monday

Pull your aging report. Anything over 45 days on a GC account gets a call today. Not an email. A call. You're not aggressive, you're specific: invoice numbers, amounts, dates, and you want a payment date in writing by end of week.

Anything over 60 days: before you do anything else, look up your state's mechanics lien deadline. This is urgent. You may be closer to losing your lien rights than you think, and that clock runs whether or not the GC picks up the phone. Talk to your attorney, not the internet, because the deadlines and rules vary and the cost of getting it wrong is the whole balance.

For anything you're escalating: send a written demand. Certified mail, return receipt. Invoice numbers, dollar amounts, original dates, and a seven-day deadline to pay or confirm a plan. Not an email. A letter, because a letter is the first thing your attorney asks for. Keep the copy.

Then stop working on that account's open jobs. All of them. Tools off-site. People skip this step because it feels like a point of no return. It isn't. It's the first move the GC will actually believe.

Before you sign the next builder contract — whatever comes in this week — pick one term and hold it. A 20% deposit. A milestone schedule in writing. A struck pay-when-paid clause. One thing, every new account, starting now.


FAQ

If I pull tools over unpaid invoices, can the GC sue me for abandonment?

He can threaten it. An actual abandonment claim requires him to show you stopped without cause and damaged the project. If you stopped because invoices weren't paid and you can document that in writing, that's not abandonment — that's a breach by the other party. Your subcontract may have a cure-period clause requiring written notice before you stop. If it does, follow it exactly, because the process matters as much as the reason.

My biggest account is 60 days out but always pays eventually. When does slow become a real problem?

When you've used a credit line to cover payroll because they were late. That's the line. "They always pay eventually" is what I told myself about Whitman. If you can carry 60-day receivables without touching a line, without deferring your own bills — maybe you can live with it. If you can't, then slow is already a structural problem. You're just deciding how long to absorb it before you act.

What's the difference between pay-when-paid and pay-if-paid, and which one should I refuse to sign?

Pay-when-paid is a timing clause — your payment waits until the GC gets paid. Pay-if-paid goes further: you only get paid if the owner funds the GC, which transfers the owner's nonpayment risk entirely onto you. Pay-if-paid is the one you refuse. Whether your state enforces either one varies. My attorney explained both to me after the Whitman bankruptcy and I've crossed them both out on every contract since. Strike both, see what the GC does, and let the reaction tell you what he was planning.

How do I compete for builder work if other subs in my market aren't requiring deposits?

Some GCs will walk. The ones who stay are either paying your competitors late already, or they're funded well enough that a deposit isn't a problem. A GC with money in the draw account doesn't argue about a mobilization deposit. The ones who push back hardest are usually the ones whose operation runs on floating their subs. That pushback is information.

What's the right concentration limit for any one customer?

My number was 30%. I didn't get it from anywhere — I landed on it after Whitman showed me what 38% felt like coming apart. The question is simple: if your biggest account stops paying tomorrow, can everything else carry your fixed costs while you sort it out? If one customer going quiet threatens payroll, they've got too much of your business. Applies to good accounts same as shaky ones.

Should I use a collections agency or file a mechanics lien when a GC won't pay?

File the lien. A lien attaches to the real property and forces the issue at closing or refinancing. That's real pressure. A collections agency takes a cut of whatever they recover — ask them exactly what that percentage is before you sign anything — and they have no power a lien doesn't already give you. Collections agencies make sense for unsecured consumer debt where you have no lien rights. On construction jobs you almost always have lien rights. Talk to your attorney, file the lien before the deadline, and work from there.

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