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contractor is getting paid what he is owe, but is not accepting it. filing a lawsuit on friday

California

construction is over. contract states that I pay $100,000 and when construction is completed I will pay $3000 per month till $24,000 more is paid off. contractor is not honoring his contract. april I began payment - not $3000, but paid $5000 which included my stimulus check and social security. Recently paid another $7000. he claims I need to pay the remainder now. I am a senior citizen and cannot afford that at this time and he is not abiding by his contract. he already has a lien on my property and 90 days is coming up for him to act with an attorney. already received a demand letter from his atty and when I tried to call his atty. no response. what do i do now?

1 reply

Jul 2, 2020
If your understanding of the contract terms is correct and you are making payments per the contract requirements the contractor should not be threatening to foreclose a lien on your property. It sounds like he is being unreasonable. At this point, continue to fulfill you payment obligations under the contract. The contractor may just be blowing smoke in attempt to induce faster payment than he agreed to. If the contractor file a lawsuit you will need to defend it. But your compliance with the contract terms is a very strong defense. And there could be counter claims for breach of contract, elder abuse etc. If there is an attorneys' fees provision in you contract, that puts you in an even better position. If the 90 days since recordation of the lien passes and no legal action is filed, demand that the lien be released. If the contractor fails to release the lien, you can file a petition with the court to release the lien at the contractor's cost.
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