A general contractor hire my flooring company

4 days ago

Hello there
My flooring company got hire by a general contractor to do the flooring at his project site, there was a few change orders that were never added to the original contract adding to more than 20K, job was done a few months a go, we have try several time to get in touch with him to collect a moneys but he has not respond back any of the call neither the emails. My question here is, can I file a lean against the property or the contractor?
It was a project above 20K and we only got paid for the materials and the deposit

Guest
Anonymous

The Code in California is very specific, and the answer to your question depends on a few things. It sounds like you’re “other than a direct contractor”, meaning you needed to have filed a 20-day preliminary notice, which (if not) can be cured by filing a timely lien within 90-days of cessation or completion of work, but you can only “look back” 20-days to the date of completion of such work. If you are not totally confused now, the bottom line is that when you say the “job was done a few months ago”, this information needs to be more specific to know whether your lien rights have expired; however, and regardless of a lien, you can always file a lawsuit within the statutory time period to collect.

Managing Partner Gibbs Giden LLP

If you properly served a preliminary notice, then there still MAY be time to record a lien against the property. If you did not, then you likely have a breach of contract claim against the GC that hired you (assuming you are a properly licensed subcontractor). You should consult with a construction attorney to discuss your specific situation.

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