Home>Levelset Community>Legal Help>Our on site job is completed however we have not send him the final document. Would this job still consider completed?

Our on site job is completed however we have not send him the final document. Would this job still consider completed?

CaliforniaConstruction Contract

A client hired us to Topographic survey showing: property lines, building footprints, adjacent face of buildings (if visible) and their highest roof elevation, all structures, all improvements. The work was completed March 2018. We're waiting for him to pay before we deliver the documents.

1 reply

Oct 8, 2018

I'm sorry to hear you've had some payment troubles here. The answer to your question may very well depend on the contract under which the work was provided. But, as a general matter, if services have not completely been provided and if payment hasn't been made, it would be hard to consider a contract "completed". Also, a little more context could be helpful re: completion. If you're curious about what constitutes completion in order to determine when a mechanics lien might be filed (by a direct contractor), that question is harder to answer since a direct contractor must file their lien after completion but before the earlier of "ninety days after completion" or "60 days after the owner records a notice of completion or cessation. But knowing "completion" might not be necessary when surveying work is at issue - California is one of the few states that specifically provides for a Design Professional's lien (including surveyors). Unlike a mechanics lien of a direct contractor, Design Professional's Lien does not appear to require "completion" of the contract. Of course, there are plenty of situations where a mechanics lien might be more practical than a design professional's lien in California, design professional's liens have plenty of requirements and deadlines to observe.

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