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payment without service

California

Hello I'm a contractor who hired a subcontractor to be a project manager, he took 60k advance from client which I paid my share of 40k on it in order to start the work however he disappeared. What I can do I this situation, which lawyer can help me with that?

1 reply

Mar 2, 2023

You should contact a lawyer to assist you with a breach of contract claim. Any of us lawyers answering questions on Levelset is a good place to start - you can use your favorite search engine to look up firm contact information.

Any lawyer you speak with will want to take a look at the written contract (if any) you signed with this sub. There may be notice or alternative dispute resolution requirements in your contract. A lawyer will also want to look to see if your contract includes attorneys' fees. 

Typically, a lawer will start with sending a pre-litigation demand letter to the individual/entity demanding payment be made. Absent a response/resolution, the next step will likely be to file a lawsuit.

If you have any evidence (texts, voicemail, letters, email, photos, etc.) related to this dispute, be sure you do not dispose of them. Now is also a good time to write up a timeline of events. That will be a handy tool for your lawyer - remember, lawyers are experts in the law, but you are an expert in the facts of your case. So, any lawyer you hire will need to rely on you to fill in the factual history.

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