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Do I have a right to receipt of payment to a subcontractor made by contractor?

We had a roof put on our house about 1 year ago. We just got a bill from a subcontractor saying they were not paid and will put a lien on our house. Contractor says they were paid and "not to worry" because they have to file a complaint within 20 days and did not. From what I can tell, they have 4 YEARS to file a lawsuit. It's hard to tell who's lying (or mistaken at the least but something smells fishy). Do I have a right to the contractors receipt of payment to the subcontractor?

2 replies

Mar 1, 2022

The Prime (Direct) contractor is correct. The subcontractor had to have served you with the 20-Day Preliminary Notice within 20 days of starting the project. See Civil Code Section 8200-8206. If 90 days have lapsed since the contract was completed via the final inspection occurring, the subcontractor is too late. Only a party you have a written contract with can sue you up to 4 years. See Code of Civil Procedure Section 337.

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Mar 3, 2022

If you are asking if you have a claim against the contractor for the money you paid for the subcontractor; yes, you do.

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