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I have not been paid and didnt file the 20 day due 9 months ago

CaliforniaConstruction ContractMechanics LienPreliminary Notice

Im a sub contractor that didnt file the job i finished in February until just now, the large GC who i worked for owes me well over 150k and has not paid me at all even after i finished the job 4 months ago and started it 9 months ago. its too late for the 20 day, so what should i do now?

2 replies

Jun 7, 2023

Most likely your best course of action at this point would be a demand letter and potentially a breach of contract action against the GC who has not paid you. If there is a payment bond on the project your may still have time to make a claim against this bond. But otherwise, because you did not send preliminary notice, you would not have lien rights.

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Jun 14, 2023

Even without a lien, you can still sue the GC who hired you for breach of contract for not paying you. The statute of limitations for breach of a written contract is 4 years so you should still have time. For a large project like this, you should check to see if the GC posted a payment bond to guarantee payment to subs and suppliers. Don’t ask the GC, ask the owner for this information. This could help you put pressure on the GC to pay you. I’m happy to answer any questions you have about this.

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