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How long do I wait before taking action if not paid?

CaliforniaSlow Payment
Anonymous Contractor

As a sub, I am paid in two phases and there can be months in between them. How would I know that there is an issue with the project if I'm not on site for months on end? 
So say I finish my first phase, and send the invoice, but am not getting paid. How long do I wait before taking action?

1 reply

Legal Guard
Peter Ryan
Construction Lawyer
Legal GuardLegal Guard Lawyer
Partner at Flores Ryan, LLP
| 280 reviews
May 8, 2020
If your payment is overdue, perhaps you can send a threat to claim first, but you should reach out to your customer. If you’re still not getting paid, then go ahead and send a stop notice and a bond claim. The longer you wait, the more likely the money has been distributed, but not sent to you. You could still send a bond claim later, but the money may not be sufficient to cover your claim anymore. Act as soon as possible once payment becomes overdue per the terms of your contract.
Do not act on the information contained herein without seeking the advice of licensed counsel. The information presented here is general in nature and is not
intended nor should be construed as legal advice for any particular case or client. The law is complex and the specific facts of your situation can cSee More...See More...
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