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Contractor not paying subcontractor

CaliforniaPayment Disputes

I am a cabinet maker owed approx. $50k from a residential project. The contractor has been stringing me along for several months and is now not returning my calls.

4 replies

Apr 26, 2021
I assume you served a 20-day prelim on the owner? If so, and you are within 90 days of the project being complete or within 30 days after recordation of a Notice of Completion (the entire project, not just your scope of work), you need to file a mechanic's lien asap. That will give you some leverage to get paid, as the owner will want the lien off the property and the owner will pressure the GC to deal with your claim. If your lien rights have come and gone, you still have a breach of contract claim against the GC. If you would like to discuss, feel free to give me a call.
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Apr 26, 2021
Thank you. No we did not do the 20-Day Prelim & so no lien rights. We actually have never done this. What is the fee for the consultation & what could we expect if we were to hire you for this? Do you think it’s worth hiring a lawyer for this amount of money?
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Apr 26, 2021
Feel free to call me anytime today - 949-356-6464. No fee for initial consultation. Thanks, Andrew
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Apr 28, 2021
It may be time for you to have an attorney write a strong demand letter to the general contractor demanding payment or threatening a mechanic’s lien. Hopefully you sent out a timely preliminary notice to the GC and the owner so you DO have lien rights. I’m happy to answer any questions you have about this.
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