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Can I sue home owner in small claims court?

California

I’m owner of painting business, BL Painting Co. I was hired as a subcontractor by a general contractor to perform work on private property, in San Jose, CA. My job was completed with a full satisfaction of home owner in December 2019. GC and homeowner got into some sort of conflict and GC abandoned the project and has stopped responding on any attempts of contacts either with home owners, or me, or mediation department conducted by CSLB. Unfortunately there is a large amount of unpaid balance for the job I have provided for all labor and materials. Home owner knew about problems with payments going through GC to sub-contractor , even though he insisted to keep finishing his project saying that he would have taken care himself if any unpaid balance will occur, now he is not willing to do that. I’m assuming I have no legal rights to file mechanics lien on the property since I haven’t provided 20 days preliminary notice in time. I have a sign contract with GC, ( not with home owner), Most of the conversation I have in writing (text messages) between Me and Home Owner and also Me - GC - Home Owner, where GC and home owner insist to keep finishing the project, all this conversations I can also provide. Can I sue a home owner in Small Claims Court for up to $10.000 even if unpaid balance is much larger? Thank you, Bartosz Lewandowski

1 reply

Mar 1, 2021
Your contract rights are against the General Contractor.

You have no direct rights against the owner. That is why we have a mechanics lien provision in the State Constitution and the Mechanics Lien law which starts at Civil Code 8000.

As a subcontractor, you needed to file the 20 Day Preliminary Notice to have any future Mechanics Lien Rights. You generally need to file a mechanics lien within 60 days of substantial completion or 120 days of cessation of labor. It appears all those dates have past. You need to talk to a lawyer about the specifics of your case to see if these limits apply to you. Mechanics lien law is very complex and there are many traps for the unwary.

If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. If you are a business, you can file in small claims court for $5,000 or less.

If the General is owed money, you could take an assignment from the GC for the amount of your claim. Then sue in the general contractors name.

However, if the owner and contractor are at odds about the scope, quality. and the price of the GC's work, you will get enmeshed in that dispute. And likely lose your small claims jurisdiction.

One way to proceed may be to get the owner to enter into a written agreement to some payment in exchange for finishing the job... and get your money up front or file your 20 day Notice prior to starting work. Be sure to serve it on the owner and their construction lender as well.
 
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