I am a subcontractor working on a commercial project hired by the general contractor. Work was completed last month and the GC is not paying, stating the owner is not paying him. I did not file a pre-lien timely and am doing so post completion. Do I include change orders? or just the original amount of the contract?
Good afternoon! Generally, the GC not being paid by the owner is not a valid reason not to pay subcontractors --- especially after the recent Crosno Construction appellate case. More on that case here: California Pay-When-Paid: What is a "reasonable time" for payment? (levelset.com) That said, if you did not timely do a preliminary notice, you can now only assert a lien for the value of labor and materials furnished to the project (whether under the original contract or change orders) from the 20 day period before you serve the preliminary notice, and forward. Hope this helps!
--CN