The GC is having difficulty getting the Owner (Cal State University) to finalize change orders and release final payments including retention. We were onsite right around 80 days ago and we need to know how to protect or expedite our payments that are overdue.
This is probably true on every public works job. Because it is public works, you have payment bond rights and stop payment notice rights. Assuming you have time, serve a stop payment notice onthe university, and give notice to the payment bond surety, too. Then, you need to timely file a lawsuit, if not paid before your deadline to file suit. If you would like some help, give me a call at 949 954 6666 x 101. Good luck. Andrew
Yes, Levelset can help you with a California stop notice . However, one thing to keep in mind, is your deadline.
A CA stop notice could be an effective remedy, depending on the project timeline. A stop notice is typically required to be sent within 90 days after completion of the project (or 20 consecutive days of cessation of labor). However, if a Notice of Completion, Cessation, or Acceptance has been filed, the deadline is cut to just 30 days after such notice was filed. If the project is still ongoing, or you're within the deadline, then a stop notice could prove effective. You may also want to consider making a claim against the payment bond as well.
For more information on the subject, you should check out this webinar hosted by one or our Levelset Community Experts, Cathleen Curl:
Good luck!