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Do I need to sue?

California

I am a subcontractor that finished a public works job. The contractor that hired us is saying they cant pay us because they were bought out by another company. We have contacted everyone we could find that was part of the project. But we just get handed off to someone else or we never hear back from anyone.

2 replies

Oct 22, 2021

Assuming you are a first tier subcontractor (or served a preliminary notice), you might consider serving a stop payment notice or making a payment bond claim. Consult about your particular factual situation with an experienced construction attorney. 

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Oct 28, 2021
Your 2 best remedies on a public works job are to file a Stop Payment Notice and to make a claim against the general contractor’s payment bond for the money that you’re owed. This will ensure that money is set aside from the construction funds to pay your claim, and for the bonding company to pay you if the contractor who hired you fails to pay you. You’ll need to get a copy of the payment bond from the public entity if you don’t already have one. You will also need to file a lawsuit to enforce your rights if things don’t get resolved. This process can be a bit complicated if you haven’t done it before, and I recommend that you get legal help to move further. I’m happy to answer any questions you have about this.
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