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If contractor fails to pay all payments and keeps it is that breach of contract?

CaliforniaConstruction AccountingConstruction Contract

Gave the contractor 3 different payments of 5,000 each for my endevor home and he only applies the one payment for 5,000 where is the other 10,000 go he kept it is that breach of contract and or crimminal?

2 replies

Aug 21, 2020
If your contractor has accepted $15,000 but claims you've only paid $5,000, then that should be a pretty simple issue to clear up. If you have documentation showing that you paid the contractor and that the contractor cashed the relevant checks, there really isn't much to argue. Further, if the contractor is charging more than what they're owed, that may well result in a breach of the contract and could give rise to criminal penalties as well. From the sound of it, there may be more to this dispute than I'm gathering here - and, having a CA construction lawyer review this situation might be helpful. You can begin that search here: Top California Construction Lawyers. This article may be useful, too: What is Overbilling? | Construction Industry Accounting.
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Aug 26, 2020
Thank you very much you were ahugev
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