Need to know my rights on a Ca Public Works project, finished last DEC not paid.
CaliforniaI finished a public works project in Ca. Punch list was almost nothing. GC then started ducking calls, emails and texts. Its been 8 months. I went by and handed him final bill. He said he would look at it later. We had a spreadsheet of changes which were approved. The bill is, to the penny, what was supposedly agreed to. He did make 2 progress payments, so the balance is due. Unfortunately, I did not apply any liens. The project may have been bonded by his company, not sure. I have local Counsel who will help with admission and can sue the GC for payment, also for possible fraud in this matter. He is simply not schooled in Public Works (Ca) and licensing, DIR and so on. In a prior cc with Levelset, I found out other subs have disputed with this GC. I believe, but I am not sure, he has been paid all but retainage. He did not offer my portion and that is, I feel, breach and unethical behavior. Please advise...
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create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal aSee More...
The GC should have submitted the claim as a pass through, but you would have needed to comply with contract requirements. You should have also put in a stop notice. At this point you need to send a demand letter threatening prompt payment penalties to see if you can get them back to the table.
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On public projects, you need to file your preliminary notices right away, and then the government rep will have to abide by payment requirements if you file against the project. They will have to stop payment to the general. That is the principal way to endure you get paid. W waiting 8 months is way past the boat of money leaving the dock.
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