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paid GC. GC’s laborer not been paid. What do I do?

CaliforniaMechanics LienPayment Disputes

I’ve already paid GC. GC is refusing to pay GC’s laborer bc laborer had to redo his work (paint) that was done poorly. What do I do? How do I protect myself from lien from laborer?

1 reply

Aug 6, 2020
As an owner, your contractor is required to defend you from mechanics lien claims made by the contractor's subs, suppliers, laborers, etc if the claim goes to court. That's established at California Civil Code § 8470. So, reminding your customer that it's their job to resolve the issue and that the potential lien claim is very much their problem might help force them to sort things out. Additionally, legal claims should be available against the contractor if they've misappropriated funds intended to pay for the project. Further, depending on the amount of the prospective claim, directly paying the laborer then going after the contractor for the amount you had to pay the laborer might be an option too. If it looks like legal claims will become necessary, finding a local CA construction lawyer will be important: Find a California Construction Lawyer. Of course, simply threatening legal action against that contractor could be effective, too. Lastly, these resources should be useful if you're facing a potential lien claim: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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