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Breach of contract lawsuit

CaliforniaConstruction ContractLawsuit

Hello, I'm the contractor being suit by customer for breach of contract/ warranty. This lawsuit come after multiple attempts to settle with the customer for the best resolution but the only thing he want is money and a lot more then he deserves. He was the one who refused to pay when the schedule payment arrived and I tried to offer to do a walkthrough to check his concerns and also offer we can hire a 3 party we both agree on to fix what he's concerns about but he want to get cash base on inspection report done by a company he hired with ridiculous above market prices we didn't even charge him half of that. After that being said I wanted to reach out to you guys for suggestions and recommendations on how to proceed, I don't have a lawyer and need one to fight for me Thank you!

5 replies

May 13, 2022

If you have been served, you need to hire an attorney and get an answer on file before they "default" you. Sometimes, cases like these are good to try and mediate early on. I, or just about any construction attorney on this forum, can help you.

May 16, 2022
I agree with Sean's response above. Getting your responsive pleading filed with the court on time should be the first priority. However, you are likely going to want to file a cross-complaint for failure to pay if the customer has refused to pay you. If you have a good contract with the customer that should work in your favor. If you are within your mechanic's lien timelines for recording a lien you should also look at that option. All of these are dependent on being timely and moving on these issues quickly.
May 18, 2022

The timeline for a lien has passed, the last time we were there was September 2021.

He refused to pay the schedule payment after we finish the pool replastering but it was $8000, is it worth cross complaint ?

I wasn't been served yet so I cannot do anything as of now, I know base on the case number that he filled a lawsuit against me, my insurance and my bond, I'm not sure if I should wait for the insurance to take care of it, take it to arbitration or hire a lawyer on my own...

May 18, 2022
If you are already being sued it usually makes sense to file a cross-complaint. I do advise you engage counsel. If you have insurance that may cover the claims being made its likely advisable to tender coverage to your insurance carrier once you are formally served. In some situations insurance will defend the claims and you can also continue a cross-complaint for payment, but it depends on the nature of the claims and the insurance.
May 19, 2022

Thank you for your reply.

I'll contact you once I'll be formally served.


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