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Collecting Final Retention Amount

California

I'm a sub-contractor (cabinetmaker) who has not been paid the final retention for a new Duplex home. I do not want to file a Mechanic's Lien because the home was sold to independent buyers, and I don't want to harm them. I just want to collect my retention from the GC. What are other recommended remedies?

1 reply

Apr 11, 2022

If you still have time to do it, the lien will give you the most leverage against the GC. While you may cause the independent buyers some stress, it is the GC who will ultimately be responsible to pay you, either directly or reimbursing the buyer. The GC will be pressured by the independent buyers to pay you if you have a valid lien. Your alternative course of action would generally start with a demand letter to the GC threatening legal action if you are not paid. If the GC ignores the letter, you can proceed with small claims or litigation, depending on the amount owed.

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