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Paying supplier who filed prelim on job net 30 or when joint check is received

California
Anonymous Contractor

I am an electrical contractor and have a supplier that is net 30, but they filed a prelim on the job. Which means they get paid with a joint check when I get paid. They are stating that they get paid on their original net 30 agreement that I signed. Is that correct, or does their filing of the prelim change that?

2 replies

Attorney at Carlton & Alberola
| 93 reviews
Oct 10, 2020

Because a supplier serves a prelim does not mean the supplier gets paid with a joint check when you get paid, though that's an option. The supplier is entitled to paymnt based on your agreement with the supplier, despite when or if the supplier serves a prelim.

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You are bound by the terms of your written contract. Filing a preliminary notice doesn’t change the contract.
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